Bombay High Court

PANDURANG GAWASversusSTATE OF GOA, P.I. VASCO POLICE STATION THR PUBLIC PROSECUTOR AND ANR

Disposal: Disposed of

Holding

The offence under Section 138 of the Negotiable Instruments Act is compounded, and the earlier order of the JMFC is quashed.

Summary

Pandurang Gawas, who was in judicial custody, filed a criminal revision seeking relief from a judgment dated 20.03.2023 that upheld an offence under Section 138 of the Negotiable Instruments Act. The applicant paid the full compensation and the loan amount to Shree Kalika Urban Co‑operative Credit Society Limited, the second respondent, which accepted the payment and raised no objection to compounding the offence. The court examined whether the payment satisfied the requirements for compounding the offence and found that it did. Consequently, the earlier order of the JMFC, Vasco was quashed and the offence was compounded. The applicant was directed to pay a nominal cost of Rs.1,000 to the Goa State Legal Services Authority and to produce the receipt. All pending criminal miscellaneous applications and the revision itself were disposed of.

Issues considered

Whether the offence under Section 138 of the Negotiable Instruments Act can be compounded after the applicant has paid the full compensation and loan amount to the aggrieved party.
Whether the earlier order of the JMFC dated 20.03.2023 should be set aside in view of the payment and the second respondent's consent to compounding.

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138
Negotiable Instruments Act
Compounding of offences
Criminal revision
Compensation payment
Judicial custody

Judgment

                          22 CRIR(F) 873 2026

  Esha

         IN THE HIGH COURT OF BOMBAY AT GOA
  CRIMINAL REVISION APPLICATION NO.873 OF 2026 (F)
                       WITH
 CRIMINAL MISC. APPLICATION NO.192 OF 2026, CRIMINAL
   MISC. APPLICATION NO.199 OF 2026, CRIMINAL MISC.
              APPLICATION NO.200 OF 2026
         CRIMINAL REVISION APPLICATION NO.873 OF 2026 (F)
PANDURANG GAWAS PRESENTLY LODGED
IN JUDICIAL CUSTODY                        ... APPLICANT
   Versus
THE STATE OF GOA P.I. VASCO POLICE
STATION THR PUBLIC PROSECUTOR AND
ANR                                        ... RESPONDENTS
                              WITH
            CRIMINAL MISC. APPLICATION NO.192 OF 2026
                               IN
         CRIMINAL REVISION APPLICATION NO.873 OF 2026 (F)
PANDURANG GAWAS PRESENTLY LODGED
IN JUDICIAL CUSTODY COLVALE                 ... APPLICANT
   Versus
STATE OF GOA P.I. VASCO POLICE
STATION THR PUBLIC PROSECUTOR AND
ANR                                         ... RESPONDENTS

                              WITH
           CRIMINAL MISC. APPLICATION NO.199 OF 2026
                                IN
        CRIMINAL REVISION APPLICATION NO.873 OF 2026 (F)
PANDURANG GAWAS                            ... APPLICANT
  Versus
STATE OF GOA, P.I. VASCO POLICE
STATION THR PUBLIC PROSECUTOR AND
ANR                                        ... RESPONDENTS

                              WITH
            CRIMINAL MISC. APPLICATION NO.200 OF 2026
                                IN
         CRIMINAL REVISION APPLICATION NO.873 OF 2026 (F)
PANDURANG GAWAS PRESENTLY LODGED
IN JUDICIAL CUSTODY                         ... APPLICANT
   Versus
STATE OF GOA, P.I. VASCO POLICE
                               Page 1 of 3
                           3rd September, 2026
                                22 CRIR(F) 873 2026


STATION THR PUBLIC PROSECUTOR AND
ANR                                                    ... RESPONDENTS

Ms. Ashwini Bandekar, Advocate for the Applicant.

Mr. Preetam Talaulikar, Additional Public Prosecutor for
Respondent No. 1.

Mr. M. Harmalkar, Advocate for Respondent No. 2.

                     CORAM:- AMIT S. JAMSANDEKAR, J.
                     DATED :- 3rd September, 2026

P.C:
       Heard Ms. Ashwini Bandekar for the Applicant. It is submitted
that the Applicant has directly paid the entire compensation amount
as well as the loan amount to the second Respondent, Shree Kalika
Urban Co-operative Credit Society Limited.


2.      Advocate M. Harmalkar appearing on behalf of the second
Respondent confirms that the second Respondent has received the
entire compensation amount and also the loan amount. Hence, the
second Respondent has no objection for compounding the offence.


3.        In view thereof, the judgment and order dated 20.03.2023
passed by the learned JMFC, Vasco in Criminal Case No.
276/OA/NIA/2019/A is quashed and set aside and the offence
committed by the Applicant under Section 138 of the Negotiable
Instruments Act stands compounded.



                                     Page 2 of 3
                                 3rd September, 2026
                                                         22 CRIR(F) 873 2026


                        4.        The Applicant shall pay Rs.1,000/- to the Goa State Legal
                        Services Authority towards costs on or before 05.09.2026 and
                        produce a copy of the receipt on record.


                        5.        The Criminal Revision Application as well as the pending
                        Criminal Miscellaneous Applications, if any, stand disposed of.


                        6.        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: VAIGANKAR ESHA
SAINATH
                                                              Page 3 of 3
Designation: Personal Assistant
Date: 04/09/2026 10:19:45                                  3rd September, 2026

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