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Bombay High CourtCRMA/83/2022disposed of

Vishnu Rajaram Gawas v. The Keri Urban Cooperative Credit Society Ltd., Thr. Laxman Yesso Gurav

2024-10-22Hon'Ble Shri Justice Bharat P. Deshpande3 pages

2024:BHC-GOA:1817 Shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 33 OF 2022 WITH CRIMINAL MISC. APPLICATION NO. 83 OF 2022 CRIMINAL REVISION APPLICATION NO. 33 OF 2022 VISHNU RAJARAM GAWAS ... APPLICANT

Versus

THE KERI URBAN COOPERATIVE CREDIT SOCIETY LTD. REP BY LAXMAN YESSO GURAV ...RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO. 83 OF 2022 VISHNU RAJARAM GAWAS ... APPLICANT

Versus

THE KERI URBAN COOPERATIVE CREDIT SOCIETY LTD. REP BY LAXMAN YESSO GURAV ...RESPONDENTS None present.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 22nd October, 2024 P.C.

1.

None present.

2.

Matter was taken up on 21/10/2024, however, no one appeared for the Applicant.

3.

On 09/09/2024, the following order was passed: "Heard Mr A. Phadte, learned counsel for the applicant.

2. The present revision is filed challenging concurrent findings of the Courts below holding the applicant guilty of the offence punishable under Section 138 of the Negotiable Instruments Act.

3. Mr Phadte submits that after appeal was disposed of, matter was settled between the parties amicably and the entire amount is already handed over to the society. He submits that the applicant will file necessary application for compounding.

4. Issue notice to the respondents returnable on 7.10.2024.

5. If application is filed for compounding of the offence, applicant shall also deposit 15% of the compensation amount as compounding charges as held by the Apex Court in the case of Damodar Prabhu Vs.

Sayed Babalal H., (2010) 5 SCC 663 with Goa State Legal Services Authority."

4.

Even though, opportunity was given to the Applicant, the application for compounding alongwith 15% of the compensation amount is not filed before this Court. 5.

Even the process fee for issuing notice to the Respondent is not deposited.

6.

Since the Applicant and his counsel remained absent, it seems that the Applicant is not interested in prosecuting the present proceedings.

7.

Accordingly, revision stands dismissed for want of prosecution.

8.

Pending application stands disposed of.

BHARAT P. DESHPANDE, J.

Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 23/10/2024 10:35:31