35-WP-3406-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3406 OF 2025 Nuruddin Badruddin Ajani ...Petitioner Versus Fayyaz Amirali Shroff & Anr. ...Respondents —————— Mr. Siddhesh Borkar a/w Prachi Parte & Harsh Parte, for the Petitioner. Mr. Suraj Dessai Almeida, for Respondent No.1. Ms. M. R. Tidke, APP, for Respondent No.2-State. —————— Coram: Madhav J. Jamdar, J. Date: 16 September 2026 P.C.: 1. The relief sought in this Writ Petition is seeking quashing of Complaint being CC No.966/SS/2022. Resultantly, in effect, the Petitioner is challenging the Order dated 23rd June 2022 passed by the learned Metropolitan Magistrate, 63th Court, Andheri, Mumbai issuing process under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”). 2. Mr. Borkar, learned Counsel appearing for the Petitioner, on instructions, states that, the Petitioner is withdrawing this Writ Petition. However, he states that, subsequently, the Order dated 19th August 2026 has been passed by the learned Judicial Magistrate, First Class, 63th Court, Andheri, Mumbai under Section 143-A of the NI Act, Arjun 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.09.17 12:47:18 +0530 35-WP-3406-2025.doc directing payment of 20% of disputed cheque amount. He states that the Petitioner will file a separate proceedings. 3. Accordingly, Writ Petition is allowed to be withdrawn. 4. However, it is clarified that the Petitioner can file separate proceedings challenging the said Order dated 19th August 2026. 5. It is made clear that the contentions with respect to the said Order dated 19th August 2026 are not examined and all contentions in that behalf of are expressly kept open. [Madhav J. Jamdar, J.] Arjun 2