BRIJESHKUMAR JIVRAM MISHRA vs MOHAMMED ZAMIRULLA KHAN AND ANR Advocate - S C Chandratre, ,Pradyumna Sharma,RESPONDENT NO. 1 — APL/869/2018

Case Summary: APL/869/2018 Court Decision: The High Court of Bombay allowed the applicant's petition and quashed Criminal Complaint No. 1089/SS/2018 under Section 138 of the Negotiable Instruments Act. Key Reasoning: The court found that the cheque dispute arose from a civil matter involving property and maritime transactions. A consent agreement dated 27/01/2016 made the cheque conditional on the respondent vacating a leased flat. When the respondent failed to vacate despite a competent authority's direction, the applicant stopped cheque payment as a preemptive legal measure—not an act of dishonesty. Since the respondent breached the settlement terms, no legal liability existed, making this fundamentally a civil dispute unsuitable for criminal prosecution. This case analysis is maintained by casestatus.in based on publicly available court records.