Bombay High Court

MOHAN ANANDRAO CHAVANversusSHILVANT KRUSHNAJI CHAVAN AND ANR

Disposal: Disposed Off

Holding

The conviction under Section 138 of the Negotiable Instruments Act was quashed and the applicant was acquitted on account of the parties' settlement.

Summary

The High Court of Bombay, Kolhapur Circuit Bench, heard a criminal revision application filed by Mohan Anandrao Chavan seeking relief from a conviction under Section 138 of the Negotiable Instruments Act. Both parties presented a settlement agreement (Exh. X) which the court accepted. On the basis of the settlement, the court quashed the conviction and sentence dated 17‑09‑2016 in Summary Criminal Case No. 2987 of 2014 and set aside the judgment in the related criminal appeal, thereby acquitting the applicant. The applicant acknowledged his liability under the settlement terms, and the court ordered payment of Rs.4,60,000 and Rs.40,000 with accrued interest, currently held by the District Court, Kolhapur, to the respondents. The revision application and any pending applications were disposed of, and the record was directed to be sent back to the concerned court.

Issues considered

Whether a conviction under Section 138 of the Negotiable Instruments Act can be set aside on the ground of a settlement between the parties.
Whether the terms of a settlement can override a prior criminal judgment and lead to acquittal.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Negotiable Instruments Act
Section 138
settlement
criminal revision
quash conviction
acquittal
High Court of Bombay

Judgment

225-REVN-116-2022 (CR)=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
BEFORE THE NATIONAL LOK ADALAT
CRIMINAL APPELLATE JURISDICTION

CR. REVISION APPLN. NO. 116 OF 2022
Digitally WITH
signed by
UDAY
UDAY SHIVAJI CRI-INTERIM APPLICATION NO. 770 OF 2022
SHIVAJI JAGTAP
Date:
JAGTAP 2026.09.24
16:33:12
+0530 Mohan Anandrao Chavan ….Applicant
Vs.
Shilvant Krushnaji Chavan And Anr …..Respondents

WITH
CRI-INTERIM APPLICATION NO. 547 OF 2026
IN
CR. REVISION APPLN. NO. 116 OF 2022
Shilvant Krushnaji Chavan .....Petitioner
Vs.
Mohan Anandrao Chavan .....Respondent

…..
Mr. Paras Yadav for the Applicant
Mr. Satyajeet T. Swami i/b Aditya Raktade for the Respondents
…..

CORAM : SHAILESH P. BRAHME, J.
(Head of the Panel)
R. N. SARDESAI,
(Retired District Judge)
Member
SONALI A. SHETH,
(Panel Advocate), Member
DATE : 12th SEPTEMBER, 2026.
P.C:

. Both counsel and their clients are present today before the panel

Uday J. 1 of 2
225-REVN-116-2022 (CR)=.doc

and tender on record the consent terms in view of settlement arrived at

between the parties, which are marked as Exh.“X” to dispose of the

Revision Application.

2. In view of settlement at Exh.X, conviction and sentence passed on

17.09.2016 in Summary Criminal Case No. 2987 of 2014 and judgment

in Criminal Appeal are quashed and set aside and the applicant shall

stand acquitted from the offence punishable under Section 138 of the

Negotiable Instrument Act.

3. The applicant who is present today confirms his liability as per

the terms of settlement.

4. The amount of Rs.4,60,000/- and Rs. 40,000/- with accrued

interest which is lying with District Court, Kolhapur shall be disbursed

to the respondents.

5. The Criminal Revision Application is disposed of in the above

terms. In view of disposal of the revision application, pending

applications, if any, also stands disposed of.

6. Record and proceedings be sent back to the concerned Court.

(SONALI A. SHETH) (R. N. SARDESAI) (SHAILESH P. BRAHME, J.)
Panel Advocate Retired District Judge Head of the Panel
Member Member

Uday J. 2 of 2

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