Bombay High Court

SHABIR SHARIF SHAIKHversusAKBAR TALAB SHAIKH AND ANR.

Disposal: Disposed of

Holding

The court quashed the earlier orders and compounded the Section 138 offence, subject to payment of costs.

Summary

The applicant, Shabir Sharif Shaikh, paid the full compensation of Rs.6,70,000 to the first respondent, Akbar Talab Shaikh, who confirmed receipt and expressed no objection to compounding the case. The applicant also agreed to pay Rs.50,000 as costs to the Goa Police Welfare Society. The court waived any further office objections, set aside the earlier judgment of the Judicial Magistrate First Class dated 27.07.2024 and the Additional Sessions Judge's order dated 02.02.2026, and ordered that the offence under Section 138 of the Negotiable Instruments Act be compounded. The revision application was disposed of, conditional upon payment of the stipulated costs, with compliance to be reported by 27.08.2026.

Issues considered

Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded after full compensation and payment of costs.
Whether the earlier judgments in Criminal Case No. 152/OA/NIA/2023 and Criminal Appeal No. 246/2024 should be quashed and set aside.

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Compounding of offences
Section 138 NI Act
Criminal revision
Compensation payment
Costs payment
Quash and set aside

Judgment

2026:BHC-GOA:1635
                                                2 CRIR 159 2026

                Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA
                    CRIMINAL REVISION APPLICATION NO.159 OF 2026

           SHABIR SHARIF SHAIKH                                        ... APPLICANT
             Versus
           AKBAR TALAB SHAIKH AND ANR.                                 ... RESPONDENTS


           Mr. Pranav Vaze, Advocate for the Applicant.


                                  CORAM:- AMIT S. JAMSANDEKAR, J.
                                  DATED :- 17th August, 2026

           P.C:
                    Heard the learned Counsel for the Applicant. It is submitted
           that the Applicant has paid the entire compensation amount of
           Rs.6,70,000/- to the first Respondent.


           2.       The first Respondent, Mr. Akbar Shaikh, has appeared in
           person and confirms that he has received Rs.6,70,000/- and
           therefore, he has no objection for compounding the office. In
           addition, the first Respondent has also filed an affidavit dated
           17.08.2026, in which he has stated as follows:-

                        "2. I say that I have received from Applicant the entire
                        compensation amount of Rs.6,70,000/- granted by the
                        learned Judicial Magistrate First Class at Panaji in
                        Criminal Case No. 152/OA/NIA/2023.

                        3. I say that I do not have any objection to compund the
                        present case."


                                                   Page 1 of 3
                                                 17th August, 2026
                                2 CRIR 159 2026




3.          The Applicant states that he shall pay an amount of
Rs.50,000/- towards costs to the Goa Police Welfare Society on or
before 24.08.2026. The Bank details for the payment of costs are as
follows:-
                 Bank Name: AXIS Bank Ltd.
                 Branch: Calangute Goa
                 Account No.918010063860868
                 IFSC Code: UTIB0003681
                 MICR Code: 403211015


4.    In view of the statement made by the Applicant that he shall
pay an amount of Rs.50,000/- towards costs as above and in view
of the fact that the Applicant has cleared all the office objections,
the Registry shall waive the office objection in respect of payment
of costs and shall register this Revision Application without the
requirement of payment of any additional costs.


5.      In view thereof, the judgment and order dated 27.07.2024
passed by the learned JMFC, Sattari at Valpoi in Criminal Case
No. 152/OA/NIA/2023 and the judgment and order dated
02.02.2026 passed by the learned Additional Sessions Judge,
Mapusa in Criminal Appeal No. 246/2024 are quashed and set
aside and the offence committed by the Applicant under Section
138 of the Negotiable Instruments Act, 1881, stands compounded.

                                   Page 2 of 3
                                 17th August, 2026
                                                           2 CRIR 159 2026




                        6.           The Criminal Revision Application stands disposed of.
                        However, it is clarified that this order shall become operative only
                        after payment of costs to the Goa Police Welfare Society as
                        aforesaid.


                        7.        Stand over to 27.08.2026 for reporting compliance.



                                                                  AMIT S. JAMSANDEKAR, J.




Signed by: VAIGANKAR ESHA
SAINATH
                                                              Page 3 of 3
Designation: Personal Assistant
Date: 17/08/2026 18:01:16                                   17th August, 2026

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