Allowed

Mohd. Fahim Shaikh v. Asiya Hanif Khan and Anr.

Bombay HC6 Nov 2019REVN/221/2017

Case brief

AI extract

What is this about?

In this criminal revision, the Bombay High Court dismissed the conviction of the applicant following an out-of-court settlement. The parties tendered consent terms to compound the dispute. The Court quashed the conviction and awarded the deposited penalty amount towards the complainant.

What did the court decide?

Conviction under Section 138 quashed; applicant acquitted; penalty amount of Rs. 22,00,000 released to complainant; balance amount returned to applicant.

Mohd. Fahim Shaikh Vs Asiya Hanif Khan and Anr. — Cheque Dishonour | Bombay HC (2019)

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53 REVN 221 OF 2017

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vks

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL REVISION APPLICATION NO. 221 OF 2017

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WITH

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CRIMINAL APPLICATION NO.229 OF 2017

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IN

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CRIMINAL REVISION APPLICATION NO. 221 OF 2017
WITH

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CRIMINAL APPLICATION NO.238 OF 2017
IN

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CRIMINAL REVISION APPLICATION NO. 221 OF 2017

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Mohammed Fahim Shaikh

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…Applicant

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V/s.

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Mrs. Asiya Hanif Khan and anr

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…Respondents

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Smt. Seema Singh, for the Applicant.
Mr. Rohit Sawant, for respondent No.1.
Mr. Vinod Chate, APP for respondent State.

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CORAM : N. J. JAMADAR, J.

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DATE : 6th November, 2019.

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P.C. :

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1] Heard learned counsel for the parties.

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2]This Revision assails the order dated 30.03.2017, passed by the
learned Additional Sessions Judge, in Criminal Appeal No.367 of 2012,
whereby the appeal preferred by the applicant against the judgment and
order dated 31st March, 2012, in C.C.No.218/SS/2010, of conviction and
sentence came to be dismissed; and the said order of conviction and

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53 REVN 221 OF 2017

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sentence came to be confirmed.

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3]During the pendency of this Revision, the parties have amicably
resolved the dispute. In pursuance of the resolution of the dispute, the
parties have tendered Consent Terms before this Court. The Consent Terms
are taken on record and marked as Exhibit “X” for identification. Mr. Asiya
Hanif Khan, respondent No.1 is present before this Court. She admits the
contents of the Consent Terms and her signature thereon. She is identified
by learned counsel for respondent. Learned counsel for both the parties
have also signed the consent terms.

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4]In view of the composition arrived at between the parties, the
Revision Application deserve to be allowed in terms of following order.

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Order.

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i] The complaint in C.C. No.218/SS/2010 stands disposed of as
compounded.

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ii] The judgment and order of conviction for the offence
punishable under Section 138 of the Negotiable Instruments Act,
1881, passed by the learned Metropolitan Magistrate, in C.S.
No.218/SS/2010, dated 31st March, 2012, and confirmed by the
Appellate Court in Criminal Appeal No.367 of 2012, stands
quashed and set aside.

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iii] The applicant accused Mohmed Fahim Shaikh stands
acquitted of the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881.

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iv] The respondent No.1 original complainant is entitled to 2/3

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53 REVN 221 OF 2017

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withdraw an amount of Rs.22,00,000/ deposited by the applicant
before the learned Metropolitan Magistrate, 58th Court, Bandra,
vide Receipt No.0621230 dated 15.5.2017 and the applicant
accused is entitled to withdraw rest of the amount deposited by
him in the said case.

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v] The learned Metropolitan Magistrate, 58th Court, Bandra is
directed to release an amount of Rs.22,00,000/- in favour of
respondent No.1 complainant and rest of the amount deposited in
the said case in favour of the applicant accused.

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vi] In view of disposal of Criminal Revision Application, Criminal
Application Nos.229 of 2017 and Criminal Application No.238 of
2017 do not survive and they are accordingly disposed of.

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[N. J. JAMADAR, J.]

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3/3

Mohd. Fahim Shaikh v. Asiya Hanif Khan and Anr.

Case brief

What is this about?

What did the court decide?

Mohd. Fahim Shaikh v. Asiya Hanif Khan and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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Mohd. Fahim Shaikh Vs Asiya Hanif Khan and Anr.