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Bombay High Court

SUMANT MADIKERIversusRENUKA NADKARNI AND ANR.

Disposal
Disposed of

Holding

The offence punishable under Section 138 of the Negotiable Instruments Act is compounded, and the earlier conviction and orders are quashed.

Summary

The applicant, Sumant Madikeri, was convicted by a Judicial Magistrate First Class for an offence under Section 138 of the Negotiable Instruments Act and ordered to pay Rs.2 lakh compensation, part of which was deposited. The applicant filed a criminal revision challenging the Sessions Judge’s dismissal of his appeal against that conviction. The respondent, Renuka Nadkarni, agreed to accept the compensation and sought to compound the offence, subject to additional costs. Relying on the Supreme Court’s decision in Sanjabij Tari v. Kishore S. Borcar (2025), the High Court ordered the offence to be compounded, directed payment of Rs.10,000 to the respondent, and released the deposited compensation with interest to her. Consequently, the earlier orders of the Sessions Judge and the JMFC were quashed, the conviction set aside, and the revision and miscellaneous applications were disposed.

Issues considered

  • Whether an offence under Section 138 of the Negotiable Instruments Act can be compounded after conviction.
  • Whether the High Court can set aside the conviction and order of the Sessions Judge on the basis of the parties' willingness to compound.
  • Applicability of Section 255(2)/255(3) of the Cr.P.C., Section 278 of the BNSS, 2023, and the Probation of Offenders Act, 1958 in compounding the offence.

Legislation cited

Subjects

  • compounding of offences
  • Section 138 NI Act
  • criminal revision
  • conviction set aside
  • compensation
  • Criminal Procedure Code
  • BNSS 2023
  • Probation of Offenders Act

Judgment

2026:BHC-GOA:1466                                                                         Sumant Madikeri
                                                                                                      Vs.
                                                                                   Renuka Nadkarni & Anr.
                                                    __________________________________________________
                                                                                      18 CRIR 19 of 2026



               Esha

                       IN THE HIGH COURT OF BOMBAY AT GOA


                      CRIMINAL REVISION APPLICATION NO. 19 OF 2026
                                         WITH
                        CRIMINAL MISC. APPLICATION NO. 51 OF 2026
                                          IN
                      CRIMINAL REVISION APPLICATION NO. 19 OF 2026

             SUMANT MADIKERI                                              … APPLICANT


                              ~ VERSUS ~


             RENUKA NADKARNI & ANOTHER                              … RESPONDENTS


             A PPEARANCES :


             for the Applicant              Mr. Pranav Vaze
             for Respondent No. 1           Mr. Kishan Kavlekar
             for Respondent No. 2           Additional Public Prosecutor,                    Mr.
                                            Somnath Karpe



                                   CORAM : AMIT S. JAMSANDEKAR, J.
                                   DATED : 27th JULY 2026
             P.C:

               1. Heard learned Counsel for the Applicant and the learned Counsel for

                    the first Respondent.
                                               Page 1 of 4
                                              July 27, 2026
                                                                            Sumant Madikeri
                                                                                        Vs.
                                                                     Renuka Nadkarni & Anr.
                                      __________________________________________________
                                                                        18 CRIR 19 of 2026


2. By the present Application, the Applicant has challenged the order

   dated 21.12.2024 passed by the learned Additional Sessions Judge,

   Panaji in Criminal Appeal No. 216/2023, by which, the learned

   Additional Sessions Judge (learned Sessions Judge) was pleased to

   dismiss the Appeal filed by the Applicant against the judgment and

   order dated 07.06.2023 passed by the learned Judicial Magistrate First

   Class, Ponda (learned JMFC) in Criminal Case No. 617/OA/NIA/

   2017/C, thereby convicting the Applicant for the offence punishable

   under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act).


3. The total compensation amount awarded by the learned JMFC is Rs.2

   Lakhs, out of which the Applicant has deposited a part of the said

   amount before the Registry of this Court and the remaining part before

   the Appellate Court. In view thereof, the conduct of the Applicant

   establishes her bonafides.


4. The first Respondent is ready and willing to accept the compensation

   amount and to compound the offence, however, subject to payment

   of some additional costs.



                                 Page 2 of 4
                                July 27, 2026
                                                                              Sumant Madikeri
                                                                                          Vs.
                                                                       Renuka Nadkarni & Anr.
                                        __________________________________________________
                                                                          18 CRIR 19 of 2026


5. The Hon’ble Supreme Court in the case of Sanjabij Tari Vs. Kishore

   S. Borcar & Another, 2025 SCC OnLine SCC 2069 has held as

   follows:

         “39. This Court is of the view that if the Accused is willing to
         pay in accordance with the aforesaid guidelines, the Court may
         suggest to the parties to go for compounding. If for any reason, the
         financial institutions/complainant asks for payment other than the
         cheque amount or settlement of entire loan or other outstanding
         dues, then the Magistrate may suggest to the Accused to plead guilty
         and exercise the power under Section 255(2) and/or 255(3) of the
         Cr.P.C. or 278 of the BNSS, 2023 and/or give the benefit under
         the Probation of Offenders Act, 1958 to the Accused.”

6. Keeping in view the aforesaid, I am inclined to compound the offence

   under Section 138 of the N.I. Act, however, subject to payment of

   costs by the Applicant to the first Respondent.


7. The Registrar (Judicial) of this Court and the Superintendent of the

   Additional Sessions Judge, Panaji, are directed to release the deposited

   compensation amount along with accrued interest, if any, in favour of

   the first Respondent on the first Respondent furnishing her Bank

   details. The Applicant is also further directed to pay an amount of

   Rs.10,000/- (Rupees Ten Thousand only) to the first Respondent on

   or before 03.08.2026. The learned Counsel appearing for the first
                                   Page 3 of 4
                                  July 27, 2026
                                                                                                           Sumant Madikeri
                                                                                                                       Vs.
                                                                                                    Renuka Nadkarni & Anr.
                                                                     __________________________________________________
                                                                                                       18 CRIR 19 of 2026


                                  Respondent, on instructions, accepts the additional compensation of

                                  Rs.10,000/-.


                              8. Consequently, the order dated 21.12.2024 passed by the learned

                                  Sessions Judge in Criminal Appeal No. 216/2023 as well as the

                                  judgment and order dated 07.06.2023 passed by the learned JMFC in

                                  Criminal Case No. 617/OA/NIA/2017/C are quashed and set aside

                                  and the offence punishable under Section 138 of the N.I. Act stands

                                  compounded.


                              9. The Criminal Revision Application No. 19 of 2026 as well as Criminal

                                  Miscellaneous Application No. 51 of 2026 stand disposed of.


                              10. List the matter on the cause list of 4th August 2026 for reporting

                                  compliance.


                              11. 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. ]

                                                                Page 4 of 4
Signed by: VAIGANKAR ESHA                                      July 27, 2026
SAINATH
Designation: Personal Assistant
Date: 28/07/2026 14:54:09


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