Bombay High Court

DILIP GANESH NAIKversusTHE GOKUL URBAN CO-OPERATIVE CREDIT SOCIETY LTD THR ITS AUTH. OFFICER AND ANR

Disposal: Disposed of

Holding

The offence under Section 138 is compounded and the earlier judgments are quashed and set aside.

Summary

The applicant, Dilip Ganesh Naik, paid the full compensation amount to Gokul Urban Co‑operative Credit Society Ltd, which confirmed receipt. The society consented to the compounding of the applicant's alleged offence under Section 138 of the Negotiable Instruments Act. The High Court examined the earlier judgments dated 30‑Jan‑2023 and 13‑Sep‑2023, which had upheld the conviction, and considered whether they should stand in view of the compensation and the society's willingness to compound. The Court held that the earlier judgments were to be quashed and set aside, and the offence was deemed compounded. Consequently, the applicant was ordered to pay costs to the Goa State Legal Services Authority, and the pending criminal revision and related applications were disposed.

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 convicting the applicant should be quashed in light of the compensation paid and the society's consent.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Section 138
Negotiable Instruments Act
Compounding of offences
Criminal revision
Compensation
Co‑operative credit society

Judgment

2026:BHC-GOA:1926
                                       901 CRMA 126 2026

              vinita

                       IN THE HIGH COURT OF BOMBAY AT GOA
                     CRIMINAL MISC. APPLICATION NO.126 OF 2026
                                      WITH
                  CRIMINAL REVISION APPLICATION NO.396 OF 2025 (F),
                   CRIMINAL MISC. APPLICATION NO.398 OF 2025 (F)
                     CRIMINAL MISC. APPLICATION NO.126 OF 2026
           DILIP GANESH NAIK                         ... APPLICANT
             Versus
           THE GOKUL URBAN CO-OPERATIVE
           CREDIT SOCIETY LTD THR ITS AUTH.
           OFFICER AND ANR                           ... RESPONDENTS
                                        WITH
                   CRIMINAL REVISION APPLICATION NO.396 OF 2025 (F)
           DILIP GANESH NAIK                         ... APPLICANT
             Versus
           THE GOKUL URBAN CO-OPERATIVE
           CREDIT SOCIETY LTD THR ITS AUTH
           OFFICER SADASHIV VALVALKAR AND ANR        ... RESPONDENTS

                                        WITH
                    CRIMINAL MISC. APPLICATION NO.398 OF 2025 (F)
           DILIP GANESH NAIK                         ... APPLICANT
             Versus
           THE GOKUL URBAN CO-OPERATIVE
           CREDIT SOCIETY LTD REP BY ITS AUTH
           OFFICER AND ANR                           ... RESPONDENTS

           Mr. Ashay Priolkar, Advocate for the Applicant.
           Applicant present in Court.
           Mr. Prabodh C. Modak, Recovery Officer, of Gokul Urban
           Co-operative Credit Society Limited present.
           Mr Gaurish Nagvenkar, Addl. Public Prosecutor for the State.

                             CORAM:- AMIT S. JAMSANDEKAR, J.
                             DATED :- 28th September, 2026

           P.C.



                                            Page 1 of 3
                                        28th September, 2026
                               901 CRMA 126 2026


     Heard Mr A. Priolkar, learned Counsel for the Applicant.
2.    It is submitted that the Applicant has paid the entire
compensation amount to the Respondent No.1.                    3.    The
representative of the Respondent No.1                  Mr Prabodh Modak,
Recovery Officer, is personally present in Court and confirms that
Respondent No.1 Society has received the entire compensation
amount from the Applicant.
4.      In view thereof, Society 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 order dated 30.1.2023
passed by the Judicial Magistrate, First Class, Ponda in Criminal
Case No.708/OA/NIA/2019/A and the judgment and order dated
13.9.2023 passed by the learned Additional Sessions Judge, Ponda
in Criminal Appeal No. 78/2023 are quashed and set aside.
Consequently, the offence committed by the Applicant under
Section 138 of the Negotiable Instruments Act stands compounded.
The Applicant shall pay costs of Rs.22000/- to the Goa State Legal
Services Authority within a period of two weeks from today.
6.    Criminal Revision Application stands disposed of. Pending
Applications, if any, stand disposed of.
7.   Stand over to 12.10.2026 for compliance.
8.        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

                                    Page 2 of 3
                                28th September, 2026
                                 901 CRMA 126 2026


                       order.



                                         AMIT S. JAMSANDEKAR, J.




Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                      Page 3 of 3
Date: 29/09/2026 10:38:13
                                  28th September, 2026

Continue reading with your account

Checking your session…