Bombay High CourtCRIR/31/2025disposed of

Rupesh D. Naik v. V.P.K. Urban Co-Op. Cr. Society Ltd., Rep. By Pandu B. Khandeparkar And ANR

2025-09-15Hon'Ble Shri Justice Valmiki Menezes3 pages

2025:BHC-GOA:1720 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO.31 OF 2025 WITH CRIMINAL MISC. APPLICATION NO.67 OF 2025, CRIMINAL MISC. APPLICATION NO.97 OF 2025 CRIMINAL REVISION APPLICATION NO.31 OF 2025 RUPESH D. NAIK ... APPLICANT

Versus

V.P.K. URBAN CO-OP. CR. SOCIETY LTD., REP. BY PANDU B.

KHANDEPARKAR AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.67 OF 2025 IN CRIMINAL REVISION APPLICATION NO.31 OF 2025 RUPESH D. NAIK ... APPLICANT

Versus

V.P.K. URBAN CO-OP. CR. SOCIETY LTD., REP. BY PANDU B.

KHANDEPARKAR AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.97 OF 2025 IN CRIMINAL REVISION APPLICATION NO.31 OF 2025 RUPESH D NAIK ... APPLICANT

Versus

VPK URBAN CO OP CR SOCIETY LTD ... RESPONDENTS Mr. Mukeshbabu Navelkar, Advocate for the Applicant. Mr. Omkar Parab, Advocate for Respondent No.1. CORAM:- VALMIKI MENEZES, J.

DATED :- 15th September, 2025 P.C.:

1. Registry to waive objections and register the matters.

2. This is an application for compounding of an offence of which the Applicant was convicted under Section 138 of the N.I. Act. The order of conviction was passed by by the J.M.F.C., Valpoi dated 25.10.2023 in Criminal Case No. OA/347/NI/2018. The order of conviction was upheld by the Sessions Court vide order dated 03.06.2024 vide Criminal Appeal No. 178/2024. The entire amount under the cheque has been paid to the Respondent by deposit directly into the account of the Respondent. The Respondent has no objection to compounding of this offence.

3. The Applicant has also deposited the amount of Rs.10,000/- before the GSLSA vide receipt dated 15.09.2025 towards the penalty amount directed to be paid.

4. Consequently, the Applicant stands acquitted of the offence under Section 138 of the N.I. Act.

5. The Applicant had deposited an amount of Rs.1,00,000/- before this Court under order dated 04.08.2025. This amount would have to be returned to the Applicant. The Registry shall transfer the amount of Rs.1,00,000/- to the account of the Applicant, details of which are stated below:

Name: Archana Naik

Bank Name: State Bank of India Branch Name: Sankhali branch.

A/c No.: 20167788149 IFSC Code: SBIN0011156

6. The amount shall be transferred within two weeks of passing of this order.

7. Criminal Revision Application stands disposed of.

8. All Misc. Applications including Criminal Misc. Application No.67/2025 also stands disposed of in view of the order of acquittal. VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 16/09/2025 17:07:40