Bombay High Court
KAVITA RITESH CHODANKARversusSTATE OF GOA, THR. THE PUBLIC PROSECUTOR AND ANR
- Disposal
- Disposed of
Holding
Since the applicant deposited the entire compensation amount of Rs.5,50,000 and Respondent No.2 had no objection, the offence under Section 138 of the Negotiable Instruments Act is compounded and the judgments of the courts below are quashed and set aside.
Summary
The applicant, Kavita Rites Chodankar, filed a criminal revision application in the Bombay High Court at Goa challenging the judgment and order dated 29.6.2024 passed by the Judicial Magistrate, First Class, Ponda, in Criminal Case No.333/OA/NIA/2020/C and the judgment and order dated 23.12.2024 passed by the Additional Sessions Judge, Panaji, sitting at Ponda, in Criminal Appeal No.204/2024. The applicant deposited the entire compensation amount of Rs.5,50,000 in this Court. Respondent No.2 confirmed the deposit and stated that she had no objection if the offence under Section 138 of the Negotiable Instruments Act was compounded. In view thereof, the Court quashed and set aside the judgments of the courts below. The Court waived payment of costs to the Goa State Legal Services Authority considering the peculiar facts and circumstances. The offence under Section 138 of the Negotiable Instruments Act stood compounded, and the Registry was directed to remit Rs.5,50,000 along with accrued interest in favour of Respondent No.2 as per the bank details furnished by her. The Criminal Revision Application and pending applications were disposed of.
Issues considered
- Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded and the judgments of the courts below quashed and set aside when the applicant has deposited the entire compensation amount and the complainant has no objection.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Negotiable Instruments Act
- Section 138
- Compounding of offence
- Criminal Revision Application
- Compensation
- Quashing of conviction
- Goa State Legal Services Authority
Judgment
2026:BHC-GOA:1765
CRIR147-2026
vinita
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO.147 OF 2026 WITH
CRIMINAL MISC. APPLICATION NO.919 OF 2026 (F)
CRIMINAL REVISION APPLICATION NO.147 OF 2026
KAVITA RITES CHODANKAR ... APPLICANT
Versus
STATE OF GOA, THR. THE PUBLIC
PROSECUTOR AND ANR. ... RESPONDENTS
WITH
CRIMINAL MISC. APPLICATION NO.919 OF 2026(F)
RUKMINI RAVIPRATAP GUPTA ... APPLICANT
Versus
KAVITA RITESH CHODANKAR
AND ANR ... RESPONDENTS
Mr. Yash Naik, Advocate for the Applicant through VC in CRIR 147/2026
and for Respondent No.1 in CRMA919/2026/F.
Mr Chirag Angle, Advocate for the Respondent No.2 in CRIR 147/2026 and
for Applicant in CRMA 919/2026/F.
CORAM:- AMIT S. JAMSANDEKAR, J.
DATED :- 1st September, 2026
P.C.
1. Heard Mr Naik, learned Counsel for the Applicant.
2. It is submitted that the Applicant has deposited the entire compensation
amount of Rs.5,50,000/- in this Court. Mr. Angle confirms that the
Appellant has deposited Rs.5,50,000/-.
3. In view thereof, Respondent No.2 has no objection if the offence
committed by the Applicant under Section 138 of the Negotiable
Instruments Act is compounded.
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September 1st 2026
CRIR147-2026
4. In view thereof, the judgment and order dated 29.6.2024 passed by the
Judicial Magistrate, First Class, Ponda, in Criminal Case
No.333/OA/NIA/2020/C and the judgment and order dated
23.12.2024 passed by the Additional Sessions Judge, Panaji, sitting at
Ponda in Criminal Appeal No.204/2024 are quashed and set aside.
Considering the peculiar facts and circumstances of this case, the
payment of costs to Goa State Legal Services Authority is waived.
5. Consequently, the offence committed by the Applicant under Section 138
of the Negotiable Instruments Act stands compounded. Registry of this
Court is directed to remit the amount of Rs.5,50,000/- along with accrued
interest in favour of Respondent No.2 as per the bank details furnished
by her.
6. Criminal Revision Application stands disposed of. Pending Applications,
if any, stand disposed of.
7. 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
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Date: 02/09/2026 10:56:38
September 1st 2026
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