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Bombay High CourtCRMA/81/2025disposed of

Kishor Suryakant Borkar v. The Shiroda Urban Cooperative Credit Society Ltd Thr. Auth. Officer Suhas Kunkolienkar

2025-08-12Hon'Ble Shri Justice Valmiki Menezes2 pages

904-CRMA-81-2025.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.81/2025 IN CRIMINAL REVISION APPLICATION NO.751/2025 (F) KISHOR SURYAKANT BORKAR ... APPLICANT

Versus

THE SHIRODA URBAN COOPERATIVE CREDIT SOCIETY LTD THR. AUTH. OFFICER SUHAS KUNKOLIENKAR ... RESPONDENT Mr Arjun Naik, Advocate for the Applicant.

CORAM:

VALMIKI MENEZES, J.

DATED:

12th AUGUST 2025 P.C. :

1.

he Registry to waive objections and register the matter. 2.

his is an application for suspension of sentence imposed on the applicant/accused by the JMFC, Ponda in Criminal Case No.213/OA/2022. he Magistrate, on conviction of the applicant under Section 138 of the N.I. Act, has imposed the sentence of two months imprisonment and directed the applicant to pay compensation of Rs.1,66,000/- to the complainant, and in default to undergo further imprisonment for two months. 3.

he Criminal Appeal No.364/2023 against this order was dismissed by the Sessions Court on 28.11.2024. Subsequently 12th August 2025

904-CRMA-81-2025.DOC the Sessions Court directed the JMFC to take the applicant into custody, and his custody was secured on 05.08.2025. he applicant has been in custody serving the sentence in the Central Jail at Colvale since then.

4.

he applicant submits that he has deposited the entire amount of compensation of Rs.1,66,000/- with the respondent no.1-Cooperative Credit Society vide the deposit slip dated 05.08.2025, a copy of which is placed on record. Efectively, the applicant has paid the entire compensation to the respondent society.

5.

Considering these facts, the sentence imposed on the applicant, pending the hearing of the application for condonation of delay, shall stand suspended on the applicant furnishing a P.R. Bond of Rs.5,000/- before the Superintendent, Central Jail at Colvale who shall on execution of such Bond release the applicant. he Superintendent, Central Jail at Colvale shall remit the P.R. Bond executed by the applicant to the JMFC, Ponda. 6.

he application stands disposed of. All concerned to act on an authenticated copy of this order.

VALMIKI MENEZES, J.

Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 12/08/2025 15:57:44 12th August 2025