Bombay High Court

JITENDRA RAMNATH DESAIversusTHE GOKUL URBAN CO-OPERATIVE CREDIT SOCIETY LIMITED, DULY REPRESENTATIVE NARAYAN SADASHIV VALVALKAR

Disposal: Disposed of

Holding

The court held that the delay of 591 days may be condoned where sufficient cause is shown and the parties have amicably settled the dispute.

Summary

The applicant, Jitendra Ramnath Desai, was convicted under Section 138 of the Negotiable Instruments Act and sought revision of the judgment. The revision petition was filed 591 days after the judgment, exceeding the prescribed time limit. The applicant demonstrated that the parties had reached an amicable settlement, with the applicant agreeing to pay the full compensation to the respondent bank. The court considered the sufficient cause for the delay and the settlement as grounds for condonation. Relying on its discretionary power, the court allowed the revision application and condoned the delay. The application was consequently disposed of.

Issues considered

Whether a delay of 591 days in filing a revision petition can be condoned under the provisions governing criminal revisions.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

delay condonation
revision petition
Section 138 NI Act
amicable settlement
criminal revision
criminal miscellaneous application

Judgment

2026:BHC-GOA:1952
                                            901 CRMA 173 2026

                vinita

                         IN THE HIGH COURT OF BOMBAY AT GOA
                     CRIMINAL MISC. APPLICATION NO.173 OF 2026
                                      WITH
                  CRIMINAL REVISION APPLICATION NO.717 OF 2026 (F)
                     CRIMINAL MISC. APPLICATION NO.173 OF 2026
           JITENDRA RAMNATH DESAI                    ... APPLICANT
              Versus
           THE GOKUL URBAN CO-OPERATIVE
           CREDIT SOCIETY LIMITED, DULY
           REPRESENTATIVE NARAYAN SADASHIV
           VALVALKAR                                 ... RESPONDENTS
                                        WITH
                    CRIMINAL REVISION APPLICATION NO.717 OF 2026 (F)
           JITENDRA RAMNATH DESAI                     ... APPLICANT
              Versus
           THE GOKUL URBAN CO-OPERATIVE
           CREDIT SOCIETY LIMITED, DULY
           REPRESENTATIVE NARAYAN SADASHIV
           VALVALKAR                                  ... RESPONDENTS

           Ms Vaibhavi Kanekar, Advocate for the Applicant.
           Mr Narayan Valavalkar, Assistant Manager of Respondent No.1
           present.
           Mr Gaurish Nagvenkar, Addl. Public Prosecutor for the State.

                                 CORAM:- AMIT S. JAMSANDEKAR, J.
                                 DATED :- 29th September, 2026

           P.C.
                  Heard Ms Kanekar, learned Counsel for the Applicant.
           2.       It is submitted that there is delay of 591 days in filing the
           present revision application. However, parties have amicably
           settled the dispute and the Applicant is paying the entire
           compensation amount to the Respondent/Bank.


                                                 Page 1 of 2
                                             29th September, 2026
                                                           901 CRMA 173 2026


                       3.        In view thereof, delay be condoned.
                       4.          I have perused the    Application and heard the Assistant
                       Manager of the bank.
                       5.         In view of the amicable settlement arrived at between the
                       parties, it is submitted that the Application can be allowed by
                       consent. In any case, the Applicant has shown sufficient cause
                       which is resulted in delay.
                       6.         In view thereof, the Application is allowed in terms of the
                       prayer clause (a) which reads as follows:-
                       "a) That Delay of 591 days in filing the present Revision Petition
                       against the Judgment and Order dated 04/09/2024, passed by Ld.
                       First Appellate Court Hon'ble Additional Sessions Judge North
                       Goa at Ponda, Goa in Criminal Appeal No. 102/2024 which upheld
                       the Judgement and Order dated 05/03/2024, passed by the learned
                       J.M.F.C. Ponda, Goa, in Criminal Case No. 93/OA/NIA/2024/B,
                       convicting the Applicant under Section 138 of the Negotiable
                       Instruments Act Judgement, be condoned;"
                       7. Application stands disposed of.
                       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
                       order.



                                                                   AMIT S. JAMSANDEKAR, J.
Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                                                Page 2 of 2
Date: 01/10/2026 15:05:10
                                                            29th September, 2026

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