Bombay High Court

SHIRISH SHANTARAM KERKARversusTHE BICHOLIM URBAN CO-OP BANK LTD THR ITS BRANCH OFFICE AND ANR

Disposal: Disposed of

Holding

The court quashed the earlier judgments, ordered the offence under Section 138 NI Act to be compounded, and directed remission of the deposited compensation with interest to the bank.

Summary

The applicant, Shirish Shantaram Kerkar, deposited the full compensation amount in court and sought its remittance to the Bicholim Urban Co‑op Bank Ltd (Respondent No.1) along with a request that the offence under Section 138 of the Negotiable Instruments Act be compounded. Respondent No.1 consented to the compounding. The High Court set aside the earlier judgments dated 26‑04‑2023 (Judicial Magistrate) and 29‑08‑2025 (Sessions Judge), ordered that the offence be compounded, directed the registry to remit the deposited amount with interest to the bank, and waived costs due to the applicant’s legal‑aid representation. The criminal revision application was consequently disposed of.

Issues considered

Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded with the consent of the aggrieved party.
Whether the earlier judgments of the Judicial Magistrate and the Sessions Judge may be quashed and set aside.
Whether the compensation amount deposited by the applicant should be remitted to the bank with interest.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

criminal revision
Section 138
Negotiable Instruments Act
compounding of offence
remission of compensation
legal aid
quashing of judgment

Judgment

2026:BHC-GOA:1968
                                            20 CRIR 41 2026

              vinita

                       IN THE HIGH COURT OF BOMBAY AT GOA
                 CRIMINAL REVISION APPLICATION NO.41 OF 2026
                                   WITH
              CRIMINAL MISC. APPLICATION NO.54 OF 2026, CRIMINAL
                     MISC. APPLICATION NO.1064 OF 2026 (F)
                     CRIMINAL REVISION APPLICATION NO.41 OF 2026
           SHIRISH SHANTARAM KERKAR                  ... APPLICANT
             Versus
           THE BICHOLIM URBAN CO-OP BANK LTD
           THR ITS BRANCH OFFICE AND ANR             ... RESPONDENTS
                                        WITH
                       CRIMINAL MISC. APPLICATION NO.54 OF 2026
           SHIRISH KERKAR                             ... APPLICANT
             Versus
           THE BICHOLIM URBAN CO-OP BANK LTD.
           THR. ITS BRANCH OFFICE AND ANR             ... RESPONDENTS

                                       WITH
                    CRIMINAL MISC. APPLICATION NO.1064 OF 2026 (F)
           SHIRISH SHANTARAM KERKAR                   ... APPLICANT
             Versus
           THE BICHOLIM URBAN CO OPERATIVE
           BANK LTD THROUGH ITS BRANCH
           OFFICER SHRI BAGESH LAXIMAN FADTE          ... RESPONDENTS

           Ms.Samiksha Vaigankar, Advocate for the Applicant under legal
           aid scheme.
           Mr. Shivam Fadte and Mr Raj Chodankar, Advocates for the
           Respondent No. 1.
           Mr. Gaurish Nagvekar, Additional Public Prosecutor for
           Respondent No. 2.

                                 CORAM:- AMIT S. JAMSANDEKAR, J.
                                 DATED :- 1st October, 2026

           P.C.
                    Heard Ms Vaigankar, learned Counsel for the Applicant.


                                               Page 1 of 3
                                             1st October, 2026
                                 20 CRIR 41 2026


2.        It is submitted that the Applicant has deposited the entire
compensation amount in the Court.
3.    In view thereof, it is submitted that the compensation amount
deposited by the Applicant be paid to the Respondent No.1 and the
offence committed by the Applicant under Section 138 of the
Negotiable Instruments Act be compounded.
4.     Respondent No.1 has no objection if the offence committed
by the Applicant under Section 138 of the Negotiable Instruments
Act is compounded.
5.    In view thereof, the judgment and orders dated 26.04.2023
passed by the       Judicial Magistrate, First Class, Bicholim in
Criminal Case No.OA/299/NIA/2017/C and the judgment and
order dated 29.08.2025 passed by the Sessions Judge, in Criminal
Appeal No.385/2023 are quashed and set aside. Consequently, the
offence committed by the Applicant under Section 138 of the
Negotiable Instruments Act stands compounded.
6.    Registry is directed to remit an amount deposited by the
Applicant to the Respondent No.1 along with accrued interest. The
bank details are furnished by the Respondent No.1 and the same
are taken on record.
7.   In view of the peculiar facts and circumstances of the present
case and in view of the fact that the Applicant is represented
through legal aid scheme, requirement of payment of costs stands
waived.
8.    Criminal Revision Application stands disposed of. Pending

                                    Page 2 of 3
                                  1st October, 2026
                                                       20 CRIR 41 2026


                       Applications, if any, stand disposed of.
                       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 3 of 3
Date: 03/10/2026 13:19:45
                                                        1st October, 2026

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