Bombay High Court
ASHFORD SCDC RESORTS LLP THR ITS AUTH SIGNATORY MR. MELVIN FRANCIS DA SILVAversusVILBRAIN ALDRICH BARRETO AND ANR
- Disposal
- Disposed of
Holding
The court suspended the substantive sentence pending the applicant’s deposit of the remaining compensation amount, subject to a two‑week conditional period.
Summary
The applicant, Govind Atmaram Kubal, filed a criminal revision challenging the dismissal of his appeal under Section 138 of the Negotiable Instruments Act. He claimed to have paid Rs.6 lakhs to the complainant and deposited Rs.4 lakhs before the appellate court, leaving Rs.12 lakhs outstanding. The court was not satisfied with the claim of Rs.6 lakhs payment but noted the Rs.4 lakhs deposit and the applicant’s willingness to pay the remaining amount. Consequently, the court suspended the substantive sentence awarded by the JMFC for two weeks, conditioning the suspension on the applicant depositing an additional Rs.6 lakhs by 15 October 2026, failing which the relief would be vacated. The applicant was also directed to pay process fees and the notice was issued to the respondents.
Issues considered
- Whether the substantive sentence awarded under Section 138 of the Negotiable Instruments Act can be suspended pending payment of the outstanding compensation.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- criminal revision
- sentence suspension
- compensation
- partial payment
- Goa High Court
Judgment
2026:BHC-GOA:2006
901 CRIR 205 2026
vinita
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO.205 OF 2026
WITH
CRIMINAL MISC. APPLICATION NO.243 OF 2026
CRIMINAL REVISION APPLICATION NO.205 OF 2026
GOVIND ATMARAM KUBAL ... APPLICANT
Versus
THE STATE OF GOA THR THE PUBLIC
PROSECUTOR AND ANR ... RESPONDENTS
WITH
CRIMINAL MISC. APPLICATION NO.243 OF 2026
GOVIND ATMARAM KUBAL ... APPLICANT
Versus
THE STATE OF GOA THR THE PUBLIC
PROSECUTOR AND ANR ... RESPONDENTS
Mr Ryan Menezes, Advocate along with Mr Vidyesh Naik ( through
VC), Advocate for the Applicants.
Mr Preetam Talaulikar, Addl. Govt. Advocate for the
Respondents.
CORAM:- AMIT S. JAMSANDEKAR, J.
DATED :- 1st October, 2026
P.C.
1. Heard the learned Counsel for the Applicant.
2. The Applicant challenges the order passed by the learned Additional
Sessions Judge, whereby the Appeal preferred by the Applicant arising
out of proceedings under Section 138 of the Negotiable Instruments
Act was dismissed.
3. The learned Counsel for the Applicant submitted that the Applicant
has already paid Rs.6 lakhs to the Complainant and has deposited
a further Rs.4 lakhs before the Appellate Court. It is submitted that an
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1st October, 2026
901 CRIR 205 2026
amount of Rs.12 lakhs remains outstanding towards the total
compensation. He, therefore, submitted that the substantive sentence
awarded by the learned JMFC be suspended.
4. I have heard the submissions made by the learned Counsel for the
Applicant and perused the record.
5. Prima facie, I am not satisfied with the submissions made on behalf of the
Applicant that the Applicant has paid Rs. 6 lacs to the Respondent. On
this aspect, the findings are concurrent against the Applicant.
6. However, considering that an amount of Rs.4 lakhs has already been
deposited before the Appellate Court and that the Applicant is ready
and willing to deposit a further amount of Rs.6 lakhs, the following
order would serve the purpose at this stage:
“Accordingly, the substantive sentence awarded by the learned JMFC
vide judgment and orders dated 30.06.2025 and 04.07.2025 stands
suspended for a period of two weeks from today.”
7. The Applicant shall deposit an amount of Rs.6 lakhs on or before
15.10.2026. Upon such deposit, the Court shall consider granting
further time to the Applicant for depositing the remaining amount of
Rs.6 lakhs.
8. In the event the Applicant fails to deposit the amount of Rs.6 lakhs on
or before 15.10.2026, the relief granted to the Applicant shall stand
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1st October, 2026
901 CRIR 205 2026
vacated forthwith.
9. Issue notice to the Respondents. Returnable on 15.10.2026. Humdast
Allowed. In addition to the Court notice the Advocate for the Appellant
shall serve the Respondents by all permissible modes.
10. The Applicant shall pay the process fees on or before 06.10.2026.
11. Stand over to 15.10.2026.
12. This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will
act on production by fax or email of a digitally signed copy of
this order.
AMIT S. JAMSANDEKAR, J.
Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
Page 3 of 3
Date: 08/10/2026 18:06:53
1st October, 2026
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