Atul Prabhakar Raut, Presently Lodged In Judicial Custody, Central Jail Colvale v. Fakira Hosmani And ANR
2025:BHC-GOA:962 Jose
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL REVISION APPLICATION NO.12 OF 2025 WITH CRIMINAL MISC. APPLICATION NO.59 OF 2025 CRIMINAL REVISION APPLICATION NO.12 OF 2025 ATUL PRABHAKAR RAUT, PRESENTLY LODGED IN JUDICIAL CUSTODY, CENTRAL JAIL COLVALE ... APPLICANT
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FAKIRA HOSMANI AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.59 OF 2025 IN CRIMINAL REVISION APPLICATION NO.12 OF 2025 ATUL PRABHAKAR RAUT, PRESENTLY LODGED IN JUDICIAL CUSTODY, CENTRAL JAIL COLVALE ... APPLICANT
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FAKIRA HOSMANI AND ANR ... RESPONDENTS Mr. Ronit Naik with Mr. Sahil Lavande, Advocates for the Applicant. Ms. Varsha Bhiushet, Advocate for Respondent No.1. CORAM:- VALMIKI MENEZES, J.
DATED :- 17th June, 2025 P.C.:
1. An application for compounding the offence is placed on record. Learned Advocate for the Applicant submits that he has deposited an amount of Rs.33,000/- in the account of the GSLSA which corresponds to 20% of the compensation awarded by the Magistrate. The Applicant was required to pay a total compensation of Rs.1,65,000/-, as ordered by the learned J.M.F.C., Mapusa in Criminal
Case No.OA/508/NIA/2018/A. The Applicant has deposited an amount of Rs.33,000/- before the Sessions Court in Criminal Appeal No.134/2024 on 28.05.2024. After the Appeal bearing No.134/24 was dismissed by the Sessions Court, the Applicant has deposited an amount of Rs.1,01,800/- in the Registry of this Court, apart from which an amount of Rs.50,000/- was paid directly to the Complainant on 28.05.2025. Considering that the entire compensation has either been paid or has been deposited in the Sessions Court and this Court, the application for compounding the offence under Section 138 of the Negotiable Instruments Act is allowed. Consequently, with the consent of the Complainant who is present in Court, the Applicant is acquitted of the offence under Section 138 of the Negotiable Instruments Act. The bail bond executed by the Applicant stands discharged.
2. Consequent upon acquittal of the Applicant, the Registry of this Court is directed to remit the amount of Rs.1,01,800/- deposited before the Court directly into the account of the Complainant/Respondent herein, details of which are given below:
Account Holder's Name: Fakira Yamnappa Hosmani Account No.: 0172500101078201 IFSC Code: KARB0000017 Bank Name: Karnataka Bank Ltd.
Branch Name: Alto Betim
3. Similarly, the Registry of the Sessions Court at North Goa, Merces is directed to remit the amount of Rs.33,000/- deposited before it on 28.05.2025, directly into the account of the Complainant/Respondent herein, details of which are stated in the preceding paragraph.
4. The amounts deposited shall be transferred within a period of two weeks of passing this order.
5. Accordingly, both the Criminal Revision Application and the Criminal Misc. Application stand disposed of. VALMIKI MENEZES, J.
Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 17/06/2025 18:43:19