Bombay High Court
HARSHA PARESH BHUTAversusSTATE OF MAHARASHTRA AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is infructuous and is disposed of.
Summary
The petitioner, Harsha Paresh Bhuta, filed a writ petition challenging the criminal proceedings against him. The Sessions Court, in Criminal Appeal No. 684 of 2023, allowed the appeal, quashed the judgment dated 14 September 2023, and acquitted the petitioner of offences under Section 138 read with Section 141 of the Negotiable Instruments Act. The petitioner’s counsel argued that, because the appeal had been allowed and the acquittal granted, the writ petition was now moot. The High Court examined the effect of the acquittal on the pending petition and concluded that the petition no longer had any operative purpose. Accordingly, the Court disposed of the writ petition as infructuous.
Issues considered
- Whether the writ petition remains maintainable after the petitioner has been acquitted in the criminal appeal.
Legislation cited
- Negotiable Instruments Act — s. 138, 141
Subjects
- Criminal appeal
- Acquittal
- Writ petition
- Negotiable Instruments Act
- Infructuous petition
- High Court
Judgment
904-WP-3431-2024.doc
Rohit Ghuge
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 3431 OF 2024
Harsha Paresh Bhuta ...Petitioner
Versus
State of Maharashtra & Anr. ...Respondents
_________________________________________________________________
Mr. Prashant Gawali a/w Mr. Gaurav Devdhekar i/b Ms. Shreya Mathane,
for Petitioner.
Mr. Tanveer Khan, learned APP for Respondent No. 1-State.
None for Respondent No.2.
_________________________________________________________________
CORAM : ASHISH S. CHAVAN, J.
DATE : 18th SEPTEMBER, 2026.
P.C. :
1. Heard learned counsel for Petitioner. Today, he has tendered in
Court an Order dated 11th September 2026, passed in Criminal Appeal No.
684 of 2023 by the Sessions Court, Mumbai at Mazgaon. The copy of the
Order is taken on record.
2. Perusal of the Order indicates that Criminal Appeal No. 684 of
2023 is allowed and the Judgment and Order in CC No. 2470/SS/2017
dated 14th September 2023 is quashed and set aside and the accused is
acquitted of the offence under Section 138 read with 141 of NI Act.
3. Learned counsel appearing for the Petitioner submits that, since
Page 1 of 2
904-WP-3431-2024.doc
Rohit Ghuge
the Petitioner, who was accused in the aforesaid proceedings had been
acquitted and the Criminal Appeal filed by him has been allowed, the
Petition is rendered infructuous and can be disposed of.
4. In the light of the submissions made by the counsel for the
Petitioner and in the backdrop of the Order dated 11 th September, 2026
passed by the Sessions Court, the Petition, being infructuous, does not
survive and is disposed of accordingly.
( ASHISH S. CHAVAN, J.)
Page 2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.