Manoj Borkar v. Mayaram God And ANR

2025:BHC-GOA:1376 CRMA 78 of 2025 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.78 OF 2025 IN CRIMINAL WRIT PETITION NO.41 OF 2025 MANOJ BORKAR ... APPLICANT

Versus

MAYARAM GOD AND ANR ... RESPONDENT Mr. Ashay Priolkar, Advocate for the Applicant. Mr. Shailendra G. Bhobe, Public Prosecutor for Respondent No. 2. CORAM:- VALMIKI MENEZES, J.

DATED :- 29th July, 2025 P.C.:

1. Registry to waive objections and register the matter.

2. This is an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, of which the Applicant has been convicted by the order dated 01.09.2023, passed by the Judicial Magistrate First Class, Vasco in Criminal Case No. OA/NIA/142/2020/A. The Applicant and the Respondent No. 1 have filed the Consent Terms dated 23.07.2025 before this Court. The Applicant is personally present in the Court and admits to have signed the terms and accepted the compensation of Rs. 60,000/- as a full and final settlement of his claim. He has also signed the compounding 29th July, 2025

CRMA 78 of 2025 application and is present in the Court today, and has no objection to compound the offence, acquitting the Applicant.

3. The Applicant has deposited an amount of Rs. 7,500/- with the Goa State Legal Services Authority on 25.07.2025 towards 15% of the cheque amount as directed by the Hon'ble Supreme Court in Damodar S. Prabhu v/s Sayed Babalal H, (2010) 5 SCC 663.

4. Considering these facts, the Applicant stands acquitted of the offence under Section 138 of the Negotiable Instruments Act in Criminal Case No. OA/NIA/142/2020/A.

5. Accordingly, the Application stands disposed of. VALMIKI MENEZES, J.

29th July, 2025