Shri Shaban Jamal Khan v. Shri Mohammad Ramzan Jamal Khan

905-IA-3586-2025 (CR).DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3586 OF 2025 Shaban Jamal Khan ...Applicant

Versus

Mohammad Ramzan Jamal Khan

...Respondent

.....

Mr. Abhay Jadhavar, Advocate for Applicant.

Mr. Shantanu Gurav, Advocate for Respondent No.1. Mr. P. P. Deokar, APP for the Respondent No.2-State. .....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

18th NOVEMBER, 2025 P.C.

1.

Heard learned counsel for applicant, learned counsel for Respondent No.1 and learned APP for the Respondent No.2-State. Applicant and Respondent No.1 are present in the Court in person. 2.

Both learned counsel submits that the matter is settled out of the Court. Both learned counsel tendered the 'Consent Terms' along with affidavit. It is taken on record and marked as "X" for identification.

3.

This Court enquired with the applicant and respondent who are present in the Court. They have agreed to the terms mentioned in the Consent Terms and their signatures on it. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.11.19 20:14:54 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

905-IA-3586-2025 (CR).DOC 4.

In view of the submissions made by both the learned counsel and the terms mentioned in the Consent Terms, I pass the following order :

ORDER

(i) Interim Application is allowed;

(ii) The applicant is acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act; (iii) The order dated 19.08.2025 passed by learned Additional Sessions Judge, Islampur in Criminal Appeal No.25 dismissing Criminal Appeal and confirming the order dated 19.06.2023 passed by learned 6th Judicial Magistrate, First Class, Islampur in Sum. Criminal Case No.1484 of 2021 are quashed and set aside.

5.

The application is allowed in the aforesaid terms and is accordingly disposed off.

(SHIVKUMAR DIGE, J.) Sajakali Jamadar