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2022 DIGILAW 1853 (BOM)

Anwar R. Shaikh v. Tiska Usgao Urban Co Operative Credit Society Ltd.

2022-08-05

R.N.LADDHA

body2022
JUDGMENT R.N. Laddha, J. - The parties have filed an application for compounding under Section 147 of the Negotiable Instruments Act, 1881. The same is taken on record and marked 'X' for identification. 2. The applicant was convicted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced accordingly by judgment and order dated 30.06.2018, passed by the learned Judicial Magistrate First Class,'C' Court, Ponda, Goa in Criminal Case No.439/OA/NIA/2015/C, which has been confirmed in appeal by judgment and order dated 18.10.2019, passed by the learned Additional Sessions Judge, Panaji sitting at Ponda in Criminal Appeal No.116 of 2018, which is the subject matter of challenge in this revision application. 3. The parties have arrived at an amicable settlement and the applicant has paid the respondent No.1 the entire cheque amount of Rs.1,88,571/-(Rupees One Lakh Eighty Eight Thousand Five Hundred and Seventy One only). Mr. A.D. Bhobe, the learned Counsel for the applicant states that the applicant will deposit the amount with the State Legal Services Authority, in accordance with the judgment of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H., (2010) 5 SCC 663 within two weeks. The statement is accepted as an undertaking to that count. The applicant Anwar R. Shaikh is reported to be behind the bars in connection of this case and therefore, on his behalf Mr. Noor Ahmad Shaikh, brother of the applicant as well as Mr. Siddharth S. Prabhu, Recovery Officer of the Respondent No.1-Co-Operative Credit Society are present before the Court and they have admitted the correctness of the contents of the application for compounding. The learned Counsel for the parties identified their respective client's. 4. Hence, the following order: (a) The Criminal Revision Application No.499 of 2022 (Filing No.) is accordingly allowed. (b) The parties are permitted to compound the offence. (c) The impugned judgment and order dated 30.06.2018, passed by the learned Judicial Magistrate First Class,'C' Court,Ponda, Goa in Criminal Case No.439/OA/NIA/ 2015/C, which has been confirmed in appeal by judgment and order dated 18.10.2019, passed by the learned Additional Sessions Judge, Panaji sitting at Ponda, in Criminal Appeal No.116 of 2018, are hereby set aside. (d) The complaint filed by the first respondent is hereby dismissed. (e) The applicant is acquitted of the offence punishable under Section 138 of the N.I. Act. (d) The complaint filed by the first respondent is hereby dismissed. (e) The applicant is acquitted of the offence punishable under Section 138 of the N.I. Act. (f) The bail bonds of the applicant stand cancelled. 5. The revision application stands disposed of in aforesaid terms. In view of the disposal of the revision application, pending applications, if any, are also disposed of. 6. All concerned to act on the basis of an authenticated copy of this order.