Vijay Nagesh Pednekar v. The Deendayal Nagari Sahakari Path Saunstha, Rep. By Its Branch Manager, Yeshwant Ghatwal And ANR

2024:BHC-GOA:1696 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 4 OF 2023 VIJAY NAGESH PEDNEKAR ... APPLICANT

Versus

THE DEENDAYAL NAGARI SAHAKARI PATH SAUNSTHA REP. BY ITS BRANCH MANAGER YESHWANT GHATWAL AND ANR. ... RESPONDENTS Mr. Gautam Pednekar, Advocate for the Applicant. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 7th OCTOBER, 2024.

P.C.:

1.

The Applicant along with learned Counsel present and filed an Application for compounding of the offence, together with Consent Terms and the application for reduction of the amount to be paid as per the decision in the case of Damodar Prabhu Vs Sayed Babalal, reported in (2010)5 SCC 663 for compounding of the offence.

2.

The Consent Terms placed on record is duly signed by the Branch Manager of the Respondent No.1, wherein, he agreed that the amount is already paid towards full and final

settlement and accordingly, Respondent No.1 has no objection for compounding of the said offence. 3.

The application is also filed for reduction of compounding charges supported by an affidavit of the Applicant stating that he is having hardship in depositing entire 15% of the charges and he is ready and willing to deposit Rs. 7,000/-(Rupees Seven Thousand only) which he has brought today with him.

4.

Considering the submissions and the contents of the affidavit, as well as the fact that the matter is settled between the parties, Consent Terms along with the application for compounding and application for reduction of compounding charges is taken on record.

5.

The Consent Terms are accepted, since the entire amount is paid. The application for compounding of offence as provided under Section 147 of the Negotiable Instruments Act is allowed subject to the Applicant depositing Rs. 7,000/- (Rupees Seven Thousand only) with the Goa State Legal Services Authority (GSLSA) today itself. On depositing of such amount with the GSLSA, the impugned Judgment and sentence awarded by the Courts below shall stand quashed and set aside thereby, granting permission to compound the

offence punishable under Section 138 of the Negotiable Instruments Act as provided under Section 147 of the said Act.

6.

The Criminal Revision Application stands disposed of in the above terms.

BHARAT P. DESHPANDE, J.