03-WP-2725-2026.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2725 OF 2026 Gopal Amar Thakur …Petitioner Versus Soniya Hemant Vanja & Anr. …Respondents _______________________________________________________________ Mr. Karan Singh Mertia a/w Prajakta P. Tawde, for the Petitioner. Mr. Prashant P. Jadhav, APP, for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 25 AUGUST 2026 P.C.: 1. Heard Mr. Karan Singh Mertia, learned Counsel appearing for the Petitioner. 2. By the present Writ Petition filed under Articles 226 and 227 of the Constitution of India, the Petitioner is seeking the following reliefs: “a) Issue a Writ of Certiorari or any other appropriate writ quashing and/or setting aside the execution proceedings arising out of the compromise/pursis/consent terms and order dated 22.04.2018 passed by the Learned Judicial Magistrate, Panvel under Section 138 of the Negotiable Instruments Act; b) Issue an appropriate writ, order or direction under Articles 226 and 227 of the Constitution of India, declaring that the stipulation of interest @ 12% per month in the Consent Terms is a clerical/inadvertent error and is unenforceable, and be pleased to read the same as 12% per annum;” 1 ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2026.08.27 15:13:38 +0530 03-WP-2725-2026.doc 3. Thus, the Petitioner is seeking setting aside the execution proceedings arising out of the compromise pursis/consent terms and the Order dated 22nd April 2018 passed by the learned Judicial Magistrate, First Class, Panvel under Section 138 of the Negotiable Instruments Act, 1881 (“NI Act”) in Summary Criminal Case No.952 of 2017. The Petitioner is also seeking modification of the consent terms by directing the stipulation of interest at the rate of 12% per month be read as 12% per annum. 4. Perusal of the record shows that a total of 22 cheques were issued by the present Petitioner in favour of the Respondent i.e. Complainant, aggregating to a total amount of Rs.50,00,000/-, and the said cheques were dishonoured. 5. In the Criminal Case filed under Section 138 of the NI Act, a settlement was arrived at, whereby an amount of Rs.44,00,000/- was agreed to be paid, as Rs.6,00,000/- had already been paid in the meanwhile. Therefore, the principal amount was Rs.44,00,000/-. Apart from that, the Petitioner agreed to pay Rs.6,00,000/- towards compensation. Accordingly, an aggregate amount of Rs.50,00,000/- was agreed to be paid, and the consent terms were arrived at on 20th April 2018. As per the consent terms, five cheques of Rs.10,00,000/- each, dated 14th August, 2018, 14th September 2018, 14th October 2018, 14th November 2018 and 14th December 2018, were handed over. It 2 03-WP-2725-2026.doc was also provided that, in case of default, it will be binding on the Petitioner to pay interest @ 12% per month. 6. It is an admitted position that, all the cheques issued pursuant to the consent terms have been dishonoured. Not a single farthing has been deposited or paid to the Complainant. The Complainant has accordingly filed Special Darkhast No.49 of 2019. 7. Thus, in the facts and circumstances, no case is made out for grant of any relief. 8. The relief sought of stay of the execution proceedings, if granted, will be totally unjust relief, as admittedly, the consent terms filed before the Court in the year 2018 have not been complied with till the year 2026. Insofar as the relief seeking a declaration that the stipulation of interest @ 12% per month in the consent terms was a clerical/inadvertent error and is therefore unenforceable, and seeking a direction that the same be read as 12% per annum, is concerned, the same also cannot be granted. 9. The Writ Court has no jurisdiction to modify the consent terms. In fact, a reading of the entire consent terms shows that the parties had specifically agreed to payment of the interest at the rate of 12% per month in case of default. The earlier cheques issued towards the agreed amount of Rs.50,00,000/- had been dishonoured, and in the proceedings under Section 138 of the NI Act, the parties have arrived at 3 03-WP-2725-2026.doc the consent terms. The consent terms have also admittedly not been complied with. 10. Accordingly, in the facts and circumstances, no case is made out for grant of any relief. 11. The Writ Petition is dismissed. [MADHAV J. JAMDAR, J.] 4