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
- Negotiable Instruments Act — s. 138
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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