1 19-revn-164-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 311 OF 2026 IN CRIMINAL REVISION NO.164 OF 2026 Mudreka Moiz Sabir Proprietor of Mansure Fashion Versus Mohd. Ania Opai Azizbhai Opai WITH CRIMINAL APPLICATION (APPR) NO. 312 OF 2026 IN CRIMINAL REVISION NO.165 OF 2026 Mudreka Moiz Sabir Proprietor of Mansure Fashion Versus Rizwana W/o Mohd. Ania Opai Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.R.Kumbhalkar, Advocate for the applicant. Shri P.Y.Sawal, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 5th OCTOBER, 2026. The applications for compounding of the offence are moved by the applicant as well as non-applicant in both the revision applications. SKNair 2 19-revn-164-26.odt 2. The learned counsel for the applicant as well as non-applicant submits that both the parties have agreed to settle the matter amongst themselves and in terms of settlement has also arrived and the compromise deed has been executed by both the applicant and non- applicant. A photo copy of the compromise deed along with the pursis is taken on record and marked ‘X’ for the purpose of identification. 3. The Hon’ble Supreme Court in the case of Sanjabij Tari ..vs.. Kishore S. Borcar and another, reported in 2025 SCC OnLine SC 2069, was pleased to allow the settlement under Section 138 of Negotiable Instruments Act cases subject to various conditions as modified from time to time. The Hon’ble Supreme Court was pleased to observe as under: “38. Since a very large number of cheque bouncing cases are still pending and interest rates have fallen in the last few years, this Court is of the view that it is time to “revisit and tweak the guidelines”. Accordingly, the aforesaid guidelines of compounding are modified as under:- (a) … (b) … (c) Similarly, if the payment of cheque amount is made before the sessions Court or a High Court in Revision or appeal, such court may compound the offence on the condition that the accused pays 7.5 per cent. of the cheque amount by way of costs.” SKNair 3 19-revn-164-26.odt 4. It is also pertinent to note that terms of agreement show the amount deposited by the applicant in Criminal Appeal No. 164 of 2026 i.e. Rs.50,000/- before the High Court and Rs.31,000/- before the learned Sessions Court shall be permitted to be withdrawn in favour of the complainant. In so far as Criminal Revision Application No. 65 of 2026 is concerned, as per the terms of compromise i.e. amount of Rs.1,00,000/- deposited before this Court and Rs.51,000/- before the learned Sessions Court shall be permitted to be withdrawn in favour of the complainant. Thus, the total amount of Rs.2,30,000/- is agreed to be withdrawn by the complainant. The complainant as well as accused submits that today amount of Rs.1,35,000/- is paid in addition to the aforesaid amount of Rs.2,30,000/- deposited by the accused during pendency of the appeal before the learned Sessions Court and during the pendency of the revision before this Court. Thus, total amount of Rs.3,65,000/- stands paid to the complainant. The accused have further undertaken an amount of Rs.1,35,000/- to be paid to the complainant within a period of 15 days and as per the terms of settlement placed on record signed by both the respective counsels. SKNair 4 19-revn-164-26.odt 5. Thus, taking into consideration the terms of settlement as well as compromise deed placed on record along with application for compounding of offence and in view of the judgment of the Hon’ble Supreme Court in the case of Sanjabij Tari ..vs.. Kishore S. Borcar and another, (supra), I am inclined to exercise inherent power under Section 482 of the Code of Criminal Procedure and pass the following order. ORDER i. The impugned judgment dated 29.08.2024 passed by the learned 23rd Judicial Magistrate First Class (Special Court for Section 138 of N.I.Act), Nagpur in SCC No. 3811 of 2022 along with judgment dated 23.06.2026 passed by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No. 243 of 2024 and the impugned judgment dated 29.08.2024 passed by the learned 23rd Judicial Magistrate First Class (Special Court for Section 138 of N.I.Act), Nagpur in SCC No. 3255 of 2022 along with judgment dated 23.06.2026 passed by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No. 244 of 2024 are hereby quashed and set aside. SKNair 5 19-revn-164-26.odt ii. The applicant shall comply with the remaining terms of depositing amount of depositing of Rs.1,35,000/- within a period of 15 days. iii. The applicant shall deposit 7.5% cheque amount to the High Court Legal Aid-Sub Committee, Nagpur as per the conditions laid down by the Hon’ble Supreme Court in the case of Sanjabij Tari ..vs.. Kishore S. Borcar and another, (supra) within a period of 15 days. iv. The criminal applications are allowed and disposed of accordingly. 6. Put up for compliance on 26.10.2026. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 08/10/2026 12:56:28