Ruled in favour of Mudreka Moiz Sabir (Applicant/Accused)
In Short
This case involved a dispute over bounced cheques where the accused and the complainant eventually reached an out-of-court settlement. The Bombay High Court accepted their compromise deed and set aside the earlier convictions. The court allowed the complainant to withdraw the deposited money while directing the accused to pay the remaining agreed amount and a small court fee.
The Parties
Party A: Mudreka Moiz Sabir (Proprietor of Mansure Fashion)
Party B: Mohd Anis Opai Azizbhai Opai and Rizwana W/o Mohd Anis Opai
Advocates & Judges
For Party A: Learned Advocate Mr. S.R.Kumbhalkar
For Party B: Learned Advocate Mr. P.Y.Sawal
Judge(s): Hon'ble Justice Mehroz K. Pathan
What the Case Was About
The matter arose from cheque bounce disputes that led to criminal cases against the business proprietor. After lower courts ruled against the accused and ordered penalties, the parties chose to resolve their financial differences through a mutual compromise rather than continuing the legal battle. They signed a formal settlement and approached the High Court to end the dispute legally.
Judgment Date
5th October, 2026
The Outcome
The court allowed the applications for settling the offense and quashed the earlier judgments and conviction orders from the lower courts. The applicant was directed to pay the remaining agreed money and submit a small percentage of the cheque amount as a cost to the legal aid committee.
What the Court Looked At
- The court noted that both parties agreed to settle the matter and signed a written compromise deed.
- The record showed that a total amount of two lakh thirty thousand rupees was already deposited across the High Court and Sessions Court for the complainant.
- The court observed that an extra one lakh thirty-five thousand rupees was paid directly, making the total paid amount three lakh sixty-five thousand rupees.
- The court recorded that the accused promised to pay the final remaining amount of one lakh thirty-five thousand rupees within fifteen days.
- The judge relied on a Supreme Court guideline allowing the settlement of cheque bounce cases in higher courts under specific cost conditions.
"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."
What This Means For You
Getting tangled in a cheque bounce case does not mean you are permanently trapped in endless litigation. In this case, the applicant managed to resolve the legal trouble by negotiating a clear payment plan and settling directly with the complainant. The key takeaway is that open communication and a formal written agreement can help turn a stressful criminal proceeding into a manageable financial resolution. If you find yourself facing similar cheque bounce troubles and want help understanding your options or coordinating your next steps, Setback Solutions is here to provide plain-language guidance without any legal jargon or false promises.
You Still Have Options
If you are currently facing a cheque bounce notice, dealing with a conviction, or wondering what to do after losing an appeal, remember that it is not the end of the road. Many people in your position feel overwhelmed by mounting penalties and complex court procedures, but exploring a settlement or seeking a second opinion can change your path. Reach out to Setback Solutions to help understand your options and coordinate your next steps in plain language. Please note that Setback Solutions is not a law firm and does not provide legal advice or guarantee any specific court result, but we are ready to help guide you through the process calmly and clearly.