Shri Subhash Gunaji Gadekar,Pre.In Cust@Sada Jail Vasco Rep. Herein Thr. Shri Vithal Gunaji Gadekar v. The Vividha Urban Co-Operative Credit Society Ltd., Rep Officer Shri. Balwantrao J. Dessai And ANR.

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IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 50 OF 2016 Shri Subash Gunaji Gadekar, of major age, Indian National, occupation business, resident of house No.201, Thorlebag, Keri, Pernem-Goa, represented herein through his next best friend and brother, Shri Vithal Gunaji Gadekar, of major age, Indian National, resident of House No.201, Thorlebag, Keri, Pernem-Goa.

(Registered Address) ..... Petitioner V e r s u s

1) The Vividha Urban Cooperative Credit Society Limited, having its Head Office at Navelim, Bicholim-Goa and registered under No.113/98-99, having its Branch at Mapusa, Goa, represented herein by its Officer/Clerk, Shri Balwantrao Jaiwantrao Dessai, of major age, Indian National, resident of House No.79, Maulantad, Sanquelim-Goa.

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2) S T A T E, through Public Prosecutor, High Court of Bombay, Goa, at Panaji-Goa.

(Registered Addresses) .... Respondents Ms. Agnetha C. Lobo, Advocate for the Petitioner. Shri A. D. Bhobe, Advocate for the Respondent no.1. CORAM: C. V. BHADANG, J.

DATE: 15th September, 2016.

ORAL JUDGMENT:

Rule made returnable forthwith. The learned counsel for the respondent waives service.

2. The petitioner has been convicted for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 and has been sentenced to suffer simple imprisonment for a period of six months and to pay fine of Rs.6.00 lakhs and in default to undergo simple imprisonment for two months. This has been confirmed initially by the learned Assistant Sessions Judge in appeal and thereafter by the Additional Sessions Judge in Criminal Revision application.

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3. During the course of the pendency of this petition the parties have amicably settled the dispute and have filed an application for compounding. As per the order dated 1/9/2016, the petitioner has deposited an amount of Rs.84,000/- (Rupees eighty four thousand only) with the Goa State Legal Services Authority in compliance with the decision of the Hon'ble Supreme Court in the case of DAMODAR S. PRABHU VS. SAYED BABALAL H, (2010) 5 SCC 663. In such circumstances, the following order is passed:

Order:

(i) The petition is allowed.

(ii) The impugned judgment of conviction and sentence is hereby set aside.

(iii) The petitioner is acquitted of the offence punishable under section 138 of the N.I. Act.

4 Wpcr 50 2016 (iv) The Bail Bonds of the petitioner stand cancelled. (v) The amount of Rs. 3.00 lakhs deposited before this Court shall be paid to the respondent no.1 along with interest, if any.

(vi) The learned Asst. Sessions Judge shall release the amount of Rs.3.00 lakhs deposited before the said court, which shall be paid to the respondent no.1 along with interest, if any.

4.

Rule is made absolute in the aforesaid terms. C. V. BHADANG, J.

Ap/