Bombay High Court
IRFAN GHULAM HUSSAIN TINWALAversusISHAQ ABDULLA PARKAR AND ANR
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The Court permitted the withdrawal of the writ petitions and ordered their disposal.
Summary
Petitioners Sonali Milind Patil and Irfan Ghulam Hussain Tinwala filed two criminal writ petitions challenging proceedings under Section 138 of the Negotiable Instruments Act, 1881, alleging that a typographical mistake was being used to delay the case concerning a cheque of Rs.38,70,000,00/-. The petitioners, through counsel Mr. Osman Chishty, later sought to withdraw the writ petitions, stating that the Court was not inclined to entertain them. The Court examined the request for withdrawal and noted that the petitioners themselves had moved the application. No substantive merits of the alleged typographical mistake were adjudicated. The Court allowed the withdrawal of both writ petitions. Consequently, the writ petitions were disposed of as withdrawn.
Issues considered
- Whether a criminal writ petition under Section 138 of the Negotiable Instruments Act can be withdrawn at the petitioners' request.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- withdrawal of writ
- Section 138 NI Act
- criminal appellate jurisdiction
- petition disposal
- typographical mistake
Judgment
22-23-WP-4545-4546-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.4545 OF 2026
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL Irfan Ghulam Hussain Tinwala …Petitioner
PATIL Date:
2026.09.17
16:49:26
Versus
+0530
Ishaq Abdulla Parkar & Anr. …Respondents
WITH
CRIMINAL WRIT PETITION NO.4546 OF 2026
Irfan Ghulam Hussain Tinwala …Petitioner
Versus
Ishaq Abdulla Parkar & Anr. …Respondents
Mr. Osman Chishty, for the Petitioner in both Writ Petitions.
Mr. P. P. Jadhav, APP, for the Respondent-State in Writ Petition
No.4545 of 2026.
Mr. S. V. Walve, APP, for the Respondent-State in Writ Petition
No.4546 of 2026.
CORAM: MADHAV J. JAMDAR, J.
DATED : 17th SEPTEMBER 2026
PC:-
1. After arguing the matter for some time, Mr. Chishty, learned
Counsel appearing for the Petitioner seeks withdrawal of the Writ
Petitions, as the Court is not inclined to entertain the Writ
Petitions, as a typographical mistake is being used for delaying the
cases filed under Section 138 of the Negotiable Instruments Act,
Page 1
Sonali
22-23-WP-4545-4546-2026.DOC
1881, where the cheque is of Rs.38,70,000,00/- (Rupees Thirty
Eight Crores and Seventy Lakhs only).
2. Accordingly, the Writ Petitions are allowed to be withdrawn
and disposed of as such.
[MADHAV J. JAMDAR, J.]
Page 2
Sonali
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