Bombay High Court
SARVESH NAIKversusANTONIO FLORENCIO DO ROSARIO AND ANR
- Disposal
- Disposed of
Holding
The court held that since the applicant has fully paid the compounding charges as ordered, there is nothing further to consider and the applications stand disposed.
Summary
The applicant, Sarvesh Naik, filed multiple criminal revision and miscellaneous applications seeking compounding of offences under Section 138 of the Negotiable Instruments Act, 1881, after settling the compensation with the respondents. The court had earlier allowed the applicant to pay compounding charges amounting to 15% of the cheque value in 23 installments, warning that default would lead to dismissal of the compounding application. The applicant subsequently paid the entire instalment amount to the Goa State Legal Services Authority as required. Upon verification of the payment receipts, the court found no pending issues in the applications. Consequently, the court ordered the waiver of office objections, registration of the applications, and declared the revision and miscellaneous applications disposed. The order was digitally signed and communicated to the parties.
Issues considered
- Whether the compounding application under Section 147 of the Negotiable Instruments Act can be dismissed for default in payment of compounding charges
- Whether the applicant's full payment of the stipulated instalments extinguishes the pending applications
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138, 147
Subjects
- Compounding of offence
- Section 138 NI Act
- Section 147 NI Act
- Criminal revision
- Installment payment
- Default
- Court fees waiver
Judgment
2026:BHC-GOA:1871 Sarvesh Naik
Vs.
Antonio Florencio Do Rosario & Anr.
__________________________________________________
1 CRIR 188, 189, 190, 191 & 192 of 2026
Esha
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NOS. 188, 189, 190, 191 & 192
OF 2026
WITH
CRIMINAL MISC. APPLICATION NOS. 224 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 188 OF 2026
WITH
CRIMINAL MISC. APPLICATION NOS. 225 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 189 OF 2026
WITH
CRIMINAL MISC. APPLICATION NOS. 226 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 190 OF 2026
WITH
CRIMINAL MISC. APPLICATION NOS. 227 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 191 OF 2026
WITH
CRIMINAL MISC. APPLICATION NOS. 228 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 192 OF 2026
SARVESH NAIK … APPLICANT
~ VERSUS ~
ANTONIO FLORENCIO DO ROSARIO
… RESPONDENTS
& ANOTHER
Page 1 of 5
Sept. 21, 2026
Sarvesh Naik
Vs.
Antonio Florencio Do Rosario & Anr.
__________________________________________________
1 CRIR 188, 189, 190, 191 & 192 of 2026
A PPEARANCES :
for the Applicant Mr. Jaiwant Velip
CORAM : AMIT S. JAMSANDEKAR, J.
DATED : 21st SEPTEMBER 2026
P.C:
1. Heard the learned Counsel for the Applicant.
2. The learned Counsel for the Applicant states that the Applicant has
complied with the office objection in respect of payment of Court fees
in all these matters. He has furnished a copy of e-challan receipts,
which is taken on record.
3. In view thereof, the Registry is directed to waive the office objections
and register these Applications.
4. All the aforesaid matters arise between and concern the same parties,
arising out of proceedings under Section 138 of the Negotiable
Instruments Act, 1881. Since the entire amount of compensation
payable in all the aforesaid matters had already been paid to the 1st
Page 2 of 5
Sept. 21, 2026
Sarvesh Naik
Vs.
Antonio Florencio Do Rosario & Anr.
__________________________________________________
1 CRIR 188, 189, 190, 191 & 192 of 2026
Respondent by the Applicant, the parties amicably settled the disputes.
Accordingly, an Application under Section 147 of the Negotiable
Instruments Act, 1881, was filed seeking compounding of the offence
in all the aforesaid matters.
5. On 16.10.2024, Mr. Sarmalkar, learned Counsel appearing for the 1 st
Respondent, submitted that since, the entire amount was received, he
has no objection for compounding of the said offence, subject to
directions issued by the Apex Court in the case of Damodar Prabhu
Vs. Sayed Babalal, reported in (2010)5 SCC 663 for compounding of
the offence. This Court, in paragraph 6 of its order dated 16.10.2024,
noted that the Applicant had disclosed in his affidavit that, in order to
pay the compensation, he had sold his property and would now be in
a position to pay an amount equivalent to 15% of the cheque amount,
i.e., Rs. 6,82,500/- (Rupees Six Lakhs Eighty-Two Thousand Five
Hundred only), by way of installments. Hence, this Court allowed the
Applicant to pay the costs of 15% in 23 installments as per the schedule
disclosed by the Applicant in paragraph No. 27 of the affidavit and the
matters were compounded. This Court clarified that in case, the
Applicant commits default of payment of such compounding charges,
Page 3 of 5
Sept. 21, 2026
Sarvesh Naik
Vs.
Antonio Florencio Do Rosario & Anr.
__________________________________________________
1 CRIR 188, 189, 190, 191 & 192 of 2026
the Application for compounding shall stand dismissed without
reference to the Court and the main matter would be taken up for final
disposal on its own merits. This Court further clarified that in case of
default in paying such installment, the Registry shall place the matter
before this Court for the purpose of deciding the matters on merits.
6. In such circumstances, the matters were not disposed of by this Court
on 16.10.2024 and were adjourned till the payment of the last
installment of compounding charges, which would fall on 15.08.2026.
7. Today, Advocate Jaiwant Velip, appearing for the Applicant, submitted
that the Applicant has paid the entire amount towards costs in 23
instalments as per the schedule set out in the order dated 16.10.2024
and as such, nothing further survives in these Applications.
8. On hearing the learned Counsel for the Applicant and on going
through the record and the office endorsements, it clearly appears that
the Applicant has paid the entire amount towards costs in favour of
Goa State Legal Services Authority in terms of the order dated
16.10.2024.
Page 4 of 5
Sept. 21, 2026
Sarvesh Naik
Vs.
Antonio Florencio Do Rosario & Anr.
__________________________________________________
1 CRIR 188, 189, 190, 191 & 192 of 2026
9. In view thereof, nothing further survives for consideration in these
Applications and the Criminal Revision Applications as well as the
Criminal Miscellaneous Applications stand disposed of in the
above terms.
10. 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. ]
Page 5 of 5
Signed by: VAIGANKAR ESHA Sept. 21, 2026
SAINATH
Designation: Personal Assistant
Date: 22/09/2026 11:00:21
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