Sushant Premanand Kavlekar v. The Marcel Urban Co-Op Credit Society Ltd. Rep. By Auth. Officer Anant Pandurang Naik And ANR

CRMA.13 OF 2024 Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.13 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 13 OF 2024 SUSHANT PREMANAND KAVLEKAR ... APPLICANT

Versus

THE MARCEL URBAN CO-OP. CREDIT SOCIETY REP. BY AUTH. OFFICER ANANT PANDURANG NAIK AND ANR.

... RESPONDENTS Mr. Ashay Priolkar, Advocate for the Applicant. Mr. Somnath Karpe, Additional Public Prosecutor for Respondent No. 2.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 23rd July, 2024 P.C.

1.

Mr. Anant Naik of the Society, Manager of the co-operative credit society is present who handed in resolution passed by the Board authorising him to attend the Court proceedings. 2.

Applicant has filed application for compounding of the matter on the ground that the entire amount is paid to the Society and an amount of 15% of the cheque is deposited with Registrar (Judicial) of this Court.

23rd July 2024

CRMA.13 OF 2024 3.

Mr. Anant Naik, the manager informed that the entire amount is paid and that the loan amount is already closed. The Society is agreeable for the compounding of the said offence. 4.

The Application for compounding is therefore required to be accepted. The impugned orders passed by the Courts below are therefore quashed and set aside and the complaint filed under Section 138 of Negotiable Instruments Act stands compounded. 5.

The demand draft for an amount of Rs.11,022/- in the name of Registrar (Judicial) of this Court is to be accepted and the amount be transferred to the Goa State Legal Services Authority as 15% of the cheque amount in view of the directions of Apex Court in the case of Damodar S. Prabhu versus Sayed Babalal H., (2010) 5 SCC 663.

6.

Accordingly, the present proceedings alongwith application stands disposed of as compounded.

BHARAT P. DESHPANDE, J.

23rd July 2024