Bombay High Court

JANARDHAN KASHINATH KUMBHARversusSHANKAR BHIVA MALI AND ANR

Disposal: APPLICATION ALLOWED

Holding

The revision applications are allowed and the impugned judgments and orders are quashed in accordance with the compromise settlement.

Summary

The revision applications arose from convictions under Section 138 of the Negotiable Instruments Act. Both parties executed a compromise deed, wherein the complainant received Rs.1,10,000 and agreed to withdraw the remaining Rs.60,000 deposited before the trial court. The deed stipulated that the complainant would not object to the disposal of the revisions upon receipt of the settlement amount. The court examined whether the compromise could lawfully affect the pending revision applications and the earlier judgments. Relying on the parties' settlement and the absence of any legal impediment, the court allowed the revisions and quashed the impugned judgments. The orders were set aside in accordance with the settlement dated 17 July 2026.

Issues considered

Whether a compromise settlement can be invoked to dispose of pending criminal revision applications under Section 138 of the Negotiable Instruments Act
Whether the earlier judgments and orders should be quashed in view of the settlement

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Negotiable Instruments Act
Section 138
compromise settlement
criminal revision
quash of judgment

Judgment

2026:BHC-AUG:46592


                                             *1*                   69revn119o10a121o10


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                     CRIMINAL REVISION APPLICATION NO. 119 OF 2010

                            JANARDHAN KASHINATH KUMBHAR
                                        VERSUS
                           SAU PUSHPA FULCHAND KALE AND ANR

                                        WITH
                     CRIMINAL REVISION APPLICATION NO. 121 OF 2010

                            JANARDHAN KASHINATH KUMBHAR
                                       VERSUS
                              SHANKAR BHIVA MALI AND ANR
                                               …
                Shri Deshpande Gaurav L., Advocate for the Applicant.
                Shri A.A.A. Khan, APP for the Respondents/ State.
                Shri Akas D. Pawar, advocate h/f Shri Biradar R.D., Advocate for
                Respondent No.1.
                                                 ...

                                   CORAM : SUSHIL M. GHODESWAR, J.

                                   DATE : 05 October 2026


                P. C. :-

                1.           This matter arises out of the conviction under

                Section 138 of the Negotiable Instruments Act.


                2.           Both the parties have filed the compromise deed and

                placed it on record. In pursuance of the said compromise terms,

                the learned advocates for the parties contend that the instant

                Revision Applications be disposed of in terms of the compromise
                                   *2*                    69revn119o10a121o10


      deed.


      3.          In the compromise terms, the complainant has given

      no objection for disposal of the revisions after receipt of the

      amount pursuant to the impugned judgment and order. It stated

      that in pursuance of the terms of settlement, the applicant has

      paid Rs.1,10,000/- and the complainant has received the said

      amount. The remaining amount of Rs.60,000/- is deposited

      before the Trial Court and the same is permitted to be withdrawn

      by the complainant.


      4.          Since the parties have arrived at settlement and it is

      prayed that these revision applications be allowed in view of the

      compromise terms, both the Revision Applications are allowed

      accordingly. The impugned judgments and orders are quashed

      and set aside in terms of the settlement dated 17.07.2026, which

      are taken on record and marked as ‘X’.




kps                            ( SUSHIL M. GHODESWAR, J. )

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