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Bombay High CourtCRMA/98/2025disposed of

Ajit Ashok Mane v. Marcel Urban Cooperative Credit Society Ltd

2025-09-16Hon'Ble Shri Justice Valmiki Menezes2 pages

2025:BHC-GOA:1734 CRMA 98 of 2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.98 OF 2025 IN CRIMINAL REVISION APPLICATION NO.736 OF 2025 (F) Ajit Ashok Mane ... APPLICANT

Versus

Marcel Urban cooperative Credit Society Ltd ... RESPONDENTS Mr. Sadgururaj Gaonkar, Advocate for the Applicant. CORAM:- VALMIKI MENEZES, J.

DATED :- 16th September, 2025 P.C.:

1. Registry to waive office objections and register the matter.

2. This is an application for suspension of sentence of imprisonment imposed upon the Applicant, who was convicted of an offence under Section 138 of the N.I. Act vide order dated 30.11.2022 passed by the J.M.F.C., 'D' Court, Ponda in Criminal Case No. 121/OA/NIA/2020/B. By this order, the Applicant was sentenced to undergo simple imprisonment of 15 days and to pay a fine/compensation of Rs.18,400/- within 30 days of the order and in default to undergo further simple imprisonment of 15 days. In an appeal against this order bearing Criminal Appeal No.257/2023, before the Additional Sessions Judge, by order of 31.08.2024, the order of the Magistrate was upheld and the conviction was confirmed. The Criminal Revision Application 16th September, 2025

CRMA 98 of 2025 No.736/2025 (F) has been filed against the Judgment of the Magistrate and of the Sessions Court with a delay of 243 days.

3. Notice has been issued on the application for condonation of delay. Pending condonation of delay and hearing of the Revision Application, the Applicant seeks suspension of the sentence imposed upon him by the impugned order. He submits that the entire compensation amount, inclusive of the loan pending with the Respondent, has been paid to the Respondent Credit Society on 28.01.2025. A certificate of no dues has been produced on record, which is dated 15.02.2025 and signed by the Branch In-charge of the Respondent, which states that under the One Time Settlement scheme, an amount of Rs.50,000/- has been paid to the Credit Society and the loan account has been closed.

4. Considering that the entire compensation is now paid, the sentence imposed on the Applicant vide order dated 30.11.2022 of the Magistrate shall stand suspended until further orders on the Applicant furnishing a bail bond of Rs.2,000/- before the J.M.F.C. at Ponda within a period of one week from today.

5. Application stands disposed of.

VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 17/09/2025 16:53:47 16th September, 2025