Bombay High Court

SANTOSH JAYRAM WATPADEversusTHE STATE OF MAHARASHTRA AND ANR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The revision is allowed, the applicant is acquitted of the Section 138 offence, and the bail bond is cancelled.

Summary

The applicant, Santosh Jayram Watpade, filed a criminal revision seeking relief from a conviction under Section 138 of the Negotiable Instruments Act. Both parties submitted that the dispute had been settled out of court and presented signed consent terms. The High Court, after considering the submissions, allowed the revision, acquitted the applicant of the offence, and cancelled the applicant's bail bond. All pending applications were also disposed of. The order reflects the court’s acceptance of the settlement and its impact on the criminal proceedings.

Issues considered

Whether the revision application is maintainable in light of the parties' settlement.
Whether the applicant is entitled to acquittal for the offence under Section 138 of the Negotiable Instruments Act.
Whether the bail bond of the applicant should be cancelled following the acquittal.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Negotiable Instruments Act
Section 138
criminal revision
acquittal
bail bond cancellation
settlement
consent terms

Judgment

                                                                         24-REVN-65-2023 (CR).doc


    Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                CRIMINAL REVISION APPLICATION NO. 65 OF 2023
                                                    with
                                    INTERIM APPLICATION NO. 883 OF 2023

                      Santosh Jayram Watpade                                 ...Applicant/s
                      Versus
                      The State of Maharashtra and anr.                      ...Respondent/s

                      _________________________________________________________________

                      Mr. Amey Deshpande along with Ms. Vandana Bait and Ms. Niyati
                      Sontakke i/b. Mr. Harsh Nishar, Advocate for Applicant.
                      Mr. B. B. Kulkarni, APP for Respondent No.1-State.
                      Mr. Yuvraj Tajane along with Ms. Ashvini Mehetre i/b. Mr. Ashok Tajane,
                      Advocate for Respondent No.2.
                      _________________________________________________________________

                                                          CORAM      :   SHIVKUMAR DIGE, J.
                                                          DATE       :   11th SEPTEMBER, 2026.
                      P.C. :

                      1.         Heard learned counsel for the applicant and learned counsel for

                      respondent No.2.

                      2.         Both learned counsel submitted that the matter is settled out of

                      the Court and they tendered consents terms, which are taken on record

                      and marked “X” for identification. The said consent terms are signed by the

SHUBHADA              applicant and respondent No.2 along with their respective advocates. Both
SHANKAR
KADAM
                      learned counsel submitted that in view of the consent terms arrived at
Digitally signed by
SHUBHADA
SHANKAR KADAM
Date: 2026.09.12
15:56:45 +0530
                      between the parties, the matter may be disposed of.




                                                      Page 1 of 2
                                                                     24-REVN-65-2023 (CR).doc


Shubhada S Kadam


               3.           Considering the submission of both learned counsel, I pass

               following order :

                                                  ORDER

                    (i)     The revision is allowed.

                    (ii)    The applicant is acquitted for the offence punishable under

                            Section 138 of the Negotiable Instruments Act in the Summary

                            Criminal Case No.4044 of 2021.

                    (iii)   The bail bonds of the applicant stands cancelled.

                            The revision is disposed of in above terms.

               4            All pending applications stand disposed of.




                                                               (SHIVKUMAR DIGE, J.)




                                                 Page 2 of 2

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