Bombay High Court

GAURISH KAISARE (PRESENTLY JUDICIAL CUSTODY LODGED IN COLVALE) THR NEXT FRIEND GAURI GAURISH KAISAREversusDEENDAYAL NAGARI SAHAKARI PATHA SAUNSTHA MARYADIT THR DHANRAJ DATTA SHET VERNEKAR AND ANR

Disposal: Disposed of

Holding

The Court held that the offence under Section 138 of the Negotiable Instruments Act stands compounded upon full payment of compensation and the respondent's consent, and therefore set aside the earlier judgments.

Summary

The applicant, Gaurish Kaisare, who was in judicial custody, filed criminal miscellaneous and revision applications seeking to have the offence under Section 138 of the Negotiable Instruments Act compounded after paying full compensation to the first respondent, Deendayal Nagari Sahakari Patha Samstha. The first respondent confirmed receipt of the entire compensation and expressed no objection to compounding the offence. The Court examined the earlier judgments dated 4 May 2022 and 14 October 2024 and, on the basis of the compensation payment and the respondent’s consent, quashed and set aside those orders. Consequently, the offence was ordered to be compounded, and the applicant was directed to pay costs of Rs.16,000 to the Goa State Legal Services Authority. The criminal revision application and any pending applications were disposed of, with compliance to be shown by 19 October 2026.

Issues considered

Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded after full compensation is paid to the aggrieved party.
Whether the earlier judgments convicting the applicant should be set aside in view of the compensation and the respondent's consent.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

Section 138 N.I. Act
Compounding of offences
Criminal revision
Compensation
Judicial custody

Judgment

2026:BHC-GOA:1927
                                          6 CRMA 193 2026

              vinita

                       IN THE HIGH COURT OF BOMBAY AT GOA
                  CRIMINAL MISC. APPLICATION NO.193 OF 2026
                                   WITH
               CRIMINAL REVISION APPLICATION NO.909 OF 2026 (F),
                CRIMINAL MISC. APPLICATION NO.910 OF 2026 (F)
                      CRIMINAL MISC. APPLICATION NO.193 OF 2026
           GAURISH KAISARE (PRESENTLY
           JUDICIAL CUSTODY LODGED IN
           COLVALE) THR NEXT FRIEND GAURI
           GAURISH KAISARE                            ... APPLICANT
             Versus
           DEENDAYAL NAGARI SAHAKARI PATHA
           SAUNSTHA MARYADIT THR DHANRAJ
           DATTA SHET VERNEKAR AND ANR                ... RESPONDENTS
                                       WITH
                   CRIMINAL REVISION APPLICATION NO.909 OF 2026 (F)
           GAURISH KAISARE (PRESENTLY
           JUDICIAL CUSTODY LODGED IN
           COLVALE) THR NEXT FRIEND GAURI
           GAURISH KAISARE                           ... APPLICANT
             Versus
           DEENDAYAL NAGARI SAHAKARI PATHA
           SAUNSTHA MARYADIT THR DHANRAJ,
           DATTA SHET VERNEKAR AND ANR               ... RESPONDENTS

                                      WITH
                    CRIMINAL MISC. APPLICATION NO.910 OF 2026 (F)
           GAURISH KAISARE (PRESENTLY
           JUDICIAL CUSTODY LODGED IN
           COLVALE) THR NEXT FRIEND GAURI
           GAURISH KAISARE                           ... APPLICANT
             Versus
           DEENDAYAL NAGARI SAHAKARI PATHA
           SAUNSTHA MARYADIT THR DHANRAJ,
           DATTA SHET VERNEKAR AND ANR               ... RESPONDENTS

           Mr Ashay Priolkar, Advocate for Applicant.
           Mr Preetam Talaulikar, Additional Public Prosecutor for State.
           Mr Laxman Pednekar, Advocate for the Respondent No.1.


                                              Page 1 of 3
                                          28th September, 2026
                                 6 CRMA 193 2026


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

P.C.
       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.              The learned
Counsel for the Respondent No.1 confirms that Respondent No.1
Society has received the entire compensation amount from the
Applicant.
3.      In view thereof, Society has no objection if the offence
committed by the Applicant under Section 138 of the Negotiable
Instruments Act is compounded.
4.     In view thereof, the judgment and order dated 4.5.2022 passed
by the Judicial Magistrate, First Class,, 'A' Court,       Ponda in
Criminal Case 787/OA/NIA/2019/A and the judgment and order
dated 14.10.2024 passed by the learned Additional Sessions Judge,
Panaji Goa, sitting at Ponda Goa in Criminal Appeal No. 226/2023
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.16000/- to
the Goa State Legal Services Authority within a period of three
weeks from today.
5.      Criminal Revision Application stands disposed of. Pending
Applications, if any, stand disposed of.
6. Stand over to 19.10.2026 for compliance.

                                      Page 2 of 3
                                  28th September, 2026
                                                      6 CRMA 193 2026


                       7.        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: 29/09/2026 10:38:37
                                                      28th September, 2026

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