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Bombay High Court

PRAVESH KRISHNA SAWANTversusTHE KERI URBAN CO-OPERATIVE CREDIT SOCIETY LTD THR ITS AUTH REP AND ANR

Disposal
Disposed of

Holding

The offence under Section 138 of the Negotiable Instruments Act stands compounded, and the earlier judgments are quashed.

Summary

The applicant, Pravesh Krishna Sawant, had earlier been convicted under Section 138 of the Negotiable Instruments Act for a dishonour of a cheque. He subsequently paid the full compensation and the loan amount to the Keri Urban Co‑operative Credit Society, which confirmed receipt and an amicable settlement. The society issued a no‑objection certificate and consented to the compounding of the offence. The High Court, noting the settlement and consent, quashed the earlier judgment of the Judicial Magistrate (28‑04‑2025) and the order of the Additional Sessions Judge (19‑08‑2026), and ordered that the offence stand compounded. The court also directed the applicant to pay Rs.20,000 towards costs to the Goa State Legal Services Authority and disposed of the criminal revision application.

Issues considered

  • Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded with the consent of the victim society after full payment of compensation.
  • Whether the earlier judgments and orders convicting the applicant should be set aside in view of the settlement and no‑objection certificate.

Legislation cited

Subjects

  • Section 138
  • Negotiable Instruments Act
  • Compounding of offence
  • Criminal revision
  • Co‑operative credit society
  • Settlement of dispute
  • Quashing of judgment

Judgment

2026:BHC-GOA:1838
                                          908 CRMA 217 2026

                vinita

                         IN THE HIGH COURT OF BOMBAY AT GOA
                      CRIMINAL MISC. APPLICATION NO.217 OF 2026
                                       WITH
                     CRIMINAL REVISION APPLICATION NO.181 OF 2026
                     CRIMINAL MISC. APPLICATION NO.217 OF 2026
           PRAVESH KRISHNA SAWANT                    ... APPLICANT
             Versus
           THE KERI URBAN CO-OPERATIVE CREDIT
           SOCIETY LTD THR ITS AUTH REP AND
           ANR                                       ... RESPONDENTS
                                        WITH
                    CRIMINAL REVISION APPLICATION NO.181 OF 2026
           PRAVESH KRISHNA SAWANT                   ... APPLICANT
             Versus
           THE KERI URBAN CO-OPERATIVE CREDIT
           SOCIETY LTD THR ITS AUTH REP AND
           ANR                                      ... RESPONDENTS

           Mr Prasad Kholkar, Advocate for the Applicant.
           Mr Nilesh Gaonkar, Advocate for the Respondent No.1 through
           VC.
           Mr Gaurish Nagvenkar, Addl. Public Prosecutor for the State.

                                CORAM:- AMIT S. JAMSANDEKAR, J.
                                DATED :- 10th September, 2026

           P.C.
                Heard Mr Kholkar, learned Counsel for the Applicant.
           2.        It is submitted that the Applicant has paid the entire
           compensation amount as well as the loan amount. Learned counsel
           for the Respondent has confirmed that the Keri Urban Co-operative
           Society has received the entire compensation loan amount and the
           parties have settled the dispute amicably.


                                               Page 1 of 2
                                           10th September, 2026
                                                         908 CRMA 217 2026


                       3.        In view thereof, Respondent no.1 has issued no objection
                       certificate and has consented to compounding of the offence
                       committed by the Applicant under Section 138 of the Negotiable
                       Instruments Act.
                       4.         In view thereof, the judgment and orders dated 28.4.2025
                       passed by the Judicial Magistrate, First Class at Valpoi in Criminal
                       Case No.273/OA/NIA/2023 and the judgment and order dated
                       19.8.2026 passed by the Additional Sessions Judge 2, Mapusa in
                       Criminal Appeal No.116/2025 are quashed and set aside.
                       5.        Consequently, the offence committed by the Applicant under
                       Section 138 of the Negotiable Instruments Act stands compounded.
                       6.        The Applicant shall pay Rs.20,000/- towards costs to the Goa
                       State Legal Services Authority within a period of one week from
                       today.
                       7.        Criminal Revision Application stands disposed of. Pending
                       Applications, if any, stand disposed of.
                       8. Stand over to 1.10.2026 for compliance.
                       9. 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 2 of 2
Date: 11/09/2026 15:46:18
                                                          10th September, 2026


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