Tivrekar Home Appliances And Spares Rep. By Its Sole Proprietor, Shailesh Tivrekar And ANR v. The Bicholim Merchant Urban Co-Op Credit Soc. Ltd.,Rep. By Its Recovery Officer Mukund Naik And ANR
2025:BHC-GOA:2110 Meena
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO.1048 OF 2025 (F) WITH CRIMINAL REVISION APPLICATION NO.48 OF 2025 CRIMINAL MISC. APPLICATION NO.1048 OF 2025 (F) IN CRIMINAL REVISION APPLICATION NO.48 OF 2025 TIVREKAR HOME APPLIANCES AND SPARES REPRESENTED BY ITS SOLE PROPRIETOR SHAILESH KAMLAKANT TIVREKAR ... APPLICANT
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THE BICHOLIM MERCHANT URBAN CO OP CREDIT SOCIETY LTD ... RESPONDENT WITH CRIMINAL REVISION APPLICATION NO.48 OF 2025 TIVREKAR HOME APPLIANCES AND SPARES REP. BY ITS SOLE PROPRIETOR, SHAILESH TIVREKAR AND ANR ... APPLICANTS
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THE BICHOLIM MERCHANT URBAN CO-OP CREDIT SOC. LTD.,REP. BY ITS RECOVERY OFFICER MUKUND NAIK AND ANR ... RESPONDENTS Mr. P. Sutar h/f. Mr. Alvaro De Barros, Advocate for the Applicants. Mr. Akshada Nanondkar, Advocate for Respondent No.1. Mr. Somnath Karpe, Additional Public Prosecutor for the Respondent No.2.
CORAM:- VALMIKI MENEZES, J.
DATED :- 13th October, 2025
P.C.:
1. Registry to waive office objections and register the matter.
2. This is a compounding application filed by the Petitioner, who has been convicted of an offence under Section 138 of NI Act by an order of the JMFC, Bicholim dated 15.09.2025 in OA/405/2022/B. During the pendency of the appeal before the Sessions Court in Criminal Appeal No.326/2023, the Applicant had deposited an amount of Rs.36,000/- vide receipt No.011915 dated 05/04/2024. After dismissal of the appeal, during the pendency of this revision application the Petitioner deposited further amount of Rs.27,000/- before the Registry of this Court on 09.08.2024 and Rs.25,000/- by cash paid to the representative of the Bank and further amount of Rs.92,000/- deposited directly in the account of the Respondent on 10.10.2025, thus the total of Rs.1,80,000 which is the compensation amount has been accounted for. In addition the petitioner has deposited an amount of Rs.27,000/- comprising 15% of the cheque amount in the account of the Goa State Legal Services Authority on 10.10.2025.
Since the compensation/cheque amount has now been cleared and the penalty amount is also deposited, the compounding application has been allowed.
3. Compounding application is duly signed by Mr. Dayanand Vasu Patre, representative of Bank, who is present in the Court and has no
objection for compounding of the offence. Accordingly the offence is compounded and the Petitioner is acquitted of the offence under section 138 of the NI Act.
4. The Registry shall transfer the amount of Rs.27,000/- lying with it deposited on 10.10.2025 directly to the account of Respondent-The Bicholim Merchants Multipurpose Co-Operative Society Ltd details of which are furnished by the learned Advocate for the Respondent as below:
Name :The Bicholim Merchants Multipurpose Co-Op. Society Ltd. A/c. No.: 000802020000050 Bank and branch.: The Goa State Co.Op. Bank Ltd. IDC Bicholim Branch MICR Code : 403415014 IFC Code : YESB0GSCB08
5. Similarly, the Registrar of the Sessions Court at Mapusa is directed to transfer the amount of Rs.36,000/- deposited before it on 05.04.2024 vide receipt No.011915 directly to the account of the Respondent Co-operative society which is sated in the preceding paragraphs.
6. All the transfers of the amounts before the Registry of this Court and before the Sessions Court shall be effected within three weeks of the passing of this order.
7. Pending Applications, if any, also stand disposed of. VALMIKI MENEZES, J.