Bombay High Court

ISAQ MANSURKHAN PATHANversusTHE STATE OF MAHARASHTRA

Disposal: DISPOSED OFF

Holding

The conviction under section 138 of the Negotiable Instruments Act was quashed and the petitioner was acquitted, with bail bond and surety cancelled.

Summary

The petitioner, Isaq Mansurkhank Pathan, filed a criminal revision seeking relief from his conviction under section 138 of the Negotiable Instruments Act. The respondent (the State) indicated that the complainant had received full compensation and raised no objection to the petitioner's acquittal. The court accepted a compromise document submitted by the petitioner's counsel and, in light of the complainant's satisfaction, quashed the earlier conviction and ordered the petitioner’s acquittal. Consequently, the bail bond and any surety were cancelled and discharged. The pending criminal applications arising from the same facts were also dismissed as they no longer survived.

Issues considered

Whether a compromise and full compensation to the complainant justify quashing a conviction under s.138 NI Act
Whether the bail bond and surety should be cancelled upon acquittal

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

criminal revision
compromise
acquittal
Negotiable Instruments Act
section 138
bail cancellation

Judgment

2026:BHC-AUG:46803




                                                  -1-

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                       918 CRIMINAL REVISION APPLICATION NO. 80 OF 2017

                                       ISAQ MANSURKHAN PATHAN
                                                VERSUS
                                      THE STATE OF MAHARASHTRA
                                                 WITH
                                 CRIMINAL APPLICATION NO. 1321 OF 2017
                                            IN REVN/80/2017

                                       ISAQ MANSURKHAN PATHAN
                                                 VERSUS
                                THE STATE OF MAHARASHTRA AND ANOTHER
                                                  WITH
                                 CRIMINAL APPLICATION NO. 1460 OF 2017
                                             IN REVN/80/2017

                                       ISAQ MANSURKHAN PATHAN
                                                VERSUS
                                THE STATE OF MAHARASHTRA AND ANOTHER

              Mr.RS.Salve h/f Mr.H.V.Tungar, Advocate for the Applicant.
              Mr.Chetan R.More h/f Mr.G.J.Pahilwan, Advocate for Respondent No.2.
              Mr.C.V.Bhadane, APP for the Respondent/State.

                                     ( CORAM : SUSHIL M. GHODESWAR, J. )

                                        DATE : 6th OCTOBER, 2026

              PER COURT :


              1.                The learned Advocate Mr.More tenders a copy of the

              compromise took place between the parties. The same is taken on

              record and marked as ‘X’ for the purpose of identification.


              khs/Oct.2026/80
                                      -2-

2.                In pursuance to the said compromise, the learned Advocate

for the Respondent states that the Respondent/Complainant is not

having any objection, if the Applicant is acquitted, as the Complainant

has received the entire amount of compensation.



3.                In that view of the matter, the instant Criminal Revision

Application stands disposed of with following order :-

[a]     The impugned orders dated 07/03/2017 passed by the learned
Sessions Judge, Beed in Criminal Appeal No.76/2016, thereby
confirming the order of conviction passed in SCC No.884/2014 dated
15.07.2016, by the learned Judicial Magistrate F.C. (Court No.4), Beed,
are hereby quashed and set aside.
[b]     The Applicant/Accused namely Isaq Mansurkhan Pathan is
acquitted from the offence punishable u/s 138 of the N.I.Act.
[c]     His bail bond stands cancelled. Surety, if any, stands discharged.



4.                In view of disposal of Criminal Revision Application,

pending Cri.Appl.No.1321/2017 and Cri.Appl.No.1460/2017, do not

survive, hence stand disposed of, as such.



                                         ( SUSHIL M. GHODESWAR, J.)




khs/Oct.2026/80

Continue reading with your account

Checking your session…