The State Bank of India-State Bank of Hyderabad through Its… — Cheque Dishonour | Bombay HC (2025)

The State Bank of India-State Bank of Hyderabad through Its… — Cheque Dishonour | Bombay HC (2025)

What the court decided

AI extract

Outcome

Revision application disposed of as settled on the Lok Adalat compromise; offence compounded; conviction and sentence under Section 138 NI Act set aside and applicant acquitted; bank permitted to withdraw the amount deposited by the revisionist in this Court.

Issue for consideration

Whether, in view of the amicable settlement arrived at in the Lok Adalat and the compromise terms placed on record, the criminal revision application should be disposed of as settled and leave granted to compound the offence under Section 138 of the Negotiable Instruments Act, 1881. +1 more

Court's answer

Leave to compound the offence under Section 138 of the Negotiable Instruments Act, 1881 is granted.

Ratio / Principle

Criminal Application No. 850 of 2025 filed by the bank is allowed in terms of prayer clause [B], permitting withdrawal of the amount deposited by the revisionist, and is disposed of accordingly.

Key takeaways

The conviction of the applicant Nisar Hamja Pathan and the sentence under Section 138 of the Negotiable Instruments Act, 1881, imposed by judgment and order dated 25.11.2015 in S.C.C. No. 219 of 2011 by learned J.M.F.C., Bhoom, and confirmed by learned Additional Sessions Judge, Bhoom on 09.04.2019 in Criminal Appeal No. 33 of 2015, is set aside.ratio¶29
The applicant Nisar Hamja Pathan stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.ratio¶30

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Abhay S. Waghwase, J., 10.03.2025: On joint submission of an amicable settlement arrived at in the Lok Adalat with compromise terms placed on record, leave was granted to compound the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 in Criminal Revision Application No. 6 of 2022 filed by Nisar Hamja Pathan. His conviction and sentence under Section 138 NI Act, imposed by judgment and order dated 25.11.2015 in S.C.C. No. 219 of 2011 by learned J.M.F.C., Bhoom, and confirmed by learned Additional Sessions Judge, Bhoom on 09.04.2019 in Criminal Appeal No. 33 of 2015, were set aside and the applicant stands acquitted. Criminal Application No. 850 of 2025 by the State Bank of India (State Bank of Hyderabad) was allowed in terms of prayer clause [B], permitting withdrawal of the amount deposited by the revisionist in the Court.

2025:BHC-AUG:6801

23-CriAppln-850-2025+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

23 CRIMINAL APPLICATION NO. 850 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 6 OF 2022

The State Bank of India (State Bank of Hyderabad) Through its Branch Manager, Radheshyam s/o Ashok Sontakke, Age : 40 years, Occu: Service as Branch Manager, R/o. SBI Branch at Bhoom, Taluka Bhoom, District Dharashiv. … Applicant

Versus

Nisar Hamja Pathan, Age : 55 years, Occu: Agri., R/o Shivaji Nagar, Bhoom, Taluka Bhoom, District Dharashiv.

The State of Maharashtra … Respondents

WITH

CRIMINAL REVISION APPLICATION NO. 6 OF 2022

Nisar Hamja Pathan, Age : 49 years, Occu: Agri., R/o Shivaji Nagar, Bhoom, Taluka Bhoom, District Osmanabad. … Applicant

Versus

State of Maharashtra

The State Bank of Hyderabad (State Bank of Indna) Through its Branch Manager, Sarjerao Trimbakrao Patil, Age : Major, Occu: Service, R/o. Bhoom, Taluka Bhoom, District Osmanabad.

23-CriAppln-850-2025+

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Mr. Arun V. Rakh, Advocate for Applicant in Criminal Application No. 850 of 2025 and for Respondent No. 2 in Criminal Revision Application No. 6 of 2022.

Mrs. Vaishali S. Chaudhari, APP for Respondent-State in both Applications.

Mr. Ganesh Kore, Advocate for Respondent No.1 in Criminal Application No. 850 of 2025 and for Applicant in Criminal Revision Application No. 6 of 2022.

CORAM : ABHAY S. WAGHWASE, J. DATED : 10 MARCH 2025

PER COURT :-

Learned counsel for the applicant bank as well as learned counsel for the revisionist submits that there is amicable settlement, i.e. in the Lok Adalat, and compromise terms are placed on record. Learned counsel for the bank seeks permission to withdraw the amount deposited by the revisionist in this Court. Learned counsel for the revisionist has no objection for withdrawal of the amount.

In view of the above, Criminal Application No. 850 of 2025 is allowed in terms of prayer clause [B] and disposed off accordingly.

In view of the compromise arrived at between the parties, revision application is required to be disposed off as settled. Hence the following order :

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ORDER

I. Leave to compound the offence is granted.

II. The conviction of the applicant Nisar Hamja Pathan, and the sentence under Section 138 of the Negotiable Instruments Act, 1881 imposed on him vide judgment and order dated 25.11.2015 in S.C.C. No. 219 of 2011 passed by learned J.M.F.C., Bhoom, which is confirmed by learned Additional Sessions Judge, Bhoom by judgment and order dated 09.04.2019 passed in Criminal Appeal No. 33 of 2015, is set aside.

III. The applicant stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act,1881.

[ABHAY S. WAGHWASE, J.]

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