Bombay High CourtCRIR/20/2024proceeding closed

Sudin Maruti Vinsulkar v. The Shiroda Urban Coop Society Ltd Rep By Asst. Branch Manager Mahesh Naik And ANR

2024-07-03Hon'Ble Shri Justice Bharat P. Deshpande2 pages

CRMA(F) 574 of 2024 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.574 OF 2024 (F) WITH CRIMINAL MISC. APPLICATION NO.38 OF 2024 CRIMINAL MISC. APPLICATION NO.574 OF 2024 (F) IN CRIMINAL REVISION APPLICATION NO.20 OF 2024 SUDIN MARUTI VINSULKAR ... APPLICANT

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SHIRODA URBAN CO OP CREDIT SOCIETY LTD REP. ITS ASST. BR.

MANAGER MAHESH NAIK AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.38 OF 2024 IN CRIMINAL REVISION APPLICATION NO.20 OF 2024 SUDIN MARUTI VINSULKAR ... APPLICANT

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THE SHIRODA URBAN COOP SOCIETY LTD REP BY ASST. BRANCH MANAGER MAHESH NAIK AND ANR ... RESPONDENTS Ms. Shaizeen Shaikh, Advocate for the Applicant. Ms. Sanjana Kakodkar, Advocate for the Respondent No.1. Mr. Somnath Karpe, Additional Public Prosecutor for Respondent No.2.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 3rd July, 2024 P.C.

1. Heard Ms. Shaikh for the Applicant and Ms. Kakodkar for Respondent No. 1.

2. This is an application for a reduction of 15% of the cheque amount to be deposited as per the decision of the Apex Court in the 3rd July, 2024

CRMA(F) 574 of 2024 case of Damodar S. Prabhu Vs.Sayed Babalal H. reported in (2010) 5 SCC 663. Since the matter is already compounded between the parties and the amount is deposited with the society.

3. Mr. Shaikh submits that the applicant is in financial difficulty and he has obtained a loan to clear the present amount.

4. From the perusal of the application, it shows that Applicant is 31 years old. No details are disclosed in the application as to the income of the Applicant. Though Ms. Shaikh submits that he is working in private company.

5. The discretion as mentioned in the case of Damodar Prabhu(supra) has to be exercised judiciously and not only by asking.

6. The Applicant who is 31 years old is certainly able to work and deposit such an amount since the application for compounding is filed before this Court.

7. The application, therefore, stands rejected.

8. Ms. Shaikh submits that the applicant will deposit the amount within 2 weeks. Once such amount is deposited, place the matter for orders with regard to compounding.

BHARAT P. DESHPANDE, J.

3rd July, 2024