Prasanna Shrikant Akhadkar v. V.P.K. Urban Co-Op. Society Ltd., Rep. By Its Legal Officer, Tukaram Gaude And ANR

2025:BHC-GOA:1240 CRMA 73 of 2025 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.73 OF 2025 IN CRIMINAL REVISION APPLICATION NO.16 OF 2025 PRASANNA SHRIKANT AKHADKAR ... APPLICANT

Versus

V.P.K. URBAN CO-OP. SOCIETY LTD., REP. BY ITS LEGAL OFFICER, TUKARAM GAUDE AND ANR ... RESPONDENTS Mr. Ashay Priolkar, Advocate for the Applicant. Mr. Jatin Ramaiya (through V.C.), Advocate for Respondent No. 1. Mr. Sachin Chimbalkar, Legal Officer of Respondent No.1 present in person.

Mr.

Gaurish Nagvenkar, Additional Public Prosecutor for Respondent No. 2.

CORAM:- VALMIKI MENEZES, J.

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

1. This is an application for compounding of the offence under Section 138 of the Negotiable Instruments Act. Pursuant to the order of conviction passed by the Judicial Magistrate First Class 'B' Court at Vasco dated 27.02.2022 in Criminal Case No. OA/NIA/215/2018/B, the Magistrate has sentenced the Applicant to undergo simple imprisonment of one month and pay compensation of Rs. 1,20,000/- and in default to undergo further imprisonment of six months. 15th July, 2025

CRMA 73 of 2025

2. The Applicant has deposited the entire compensation before the Registry of this Court, which was transferred to Respondent No.1/Co-operative Bank vide order dated 26.03.2025, pursuant to which a compounding application has been filed to compound the offence. Respondent No. 1 represented by learned Advocate Mr. Jatin Ramaiya, on instructions of Mr. Sachin Chimbalkar, Legal Officer, who is personally present in the Court submits that he has no objection for compounding of the offence. An amount of Rs. 16,200/- has been deposited with the Goa State Legal Services Authority in terms of the Judgment of the Supreme Court in Damodar Prabhu Vs Sayed Babalal, reported in (2010)5 SCC 663 for compounding of the offence.

3. Considering these facts, the Applicant is acquitted of the offence under Section 138 of Negotiable Instruments Act.

4. The application stands disposed of, so also CRIR No. 16/2025 also stands disposed of.

VALMIKI MENEZES, J.

15th July, 2025