← Library
Bombay High CourtWPCR/77/2024disposed of

M/S. Tuba Marine Services Pvt. Ltd ., Rep. Thr. Its Director Zakir Sayed v. Joaquim Greorio Conceicao And ANR

2026-02-12Hon'Ble Shri Justice Amit S. Jamsandekar3 pages

Disha

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL WRIT PETITION NO. 77 OF 2024 M/s Tuba Marine Services Pvt. Ltd. Rep. Thr. Its Director Zakir Sayed ... PETITIONER.

~ VERSUS ~ JOAQUIM GREORIO CONCEICAO AND ANR ...RESPONDENTS APPEARANCES:

for the Petitioner Mr. V. Toraskar for the Respondent Mr. P. Faldessai

CORAM : AMIT S. JAMSANDEKAR, J.

Dated : 12th February 2026 P.C.

Heard Learned Counsel for the Petitioner.

2.

The Learned Judicial Magistrate First Class at Mapusa issued process in Case No.OA/195/NIA/2018/A on the complaint filed by the Respondent under Section 138 of the Negotiable Instrument Act. By the present petition, the Petitioner has challenged the said order 19/04/2018 passed by the Magistrate.

3.

After filing the present petition, the Petitioner has paid a sum of Rs.85,000/- to the Respondent No. 1. The Petitioner has paid a sum of Rs.85,000/- to the Respondent as and by way of full and final settlement in respect of the claim made by the first Respondent against the Petitioner.

4.

Today, the first Respondent Mr. Joaquim Gregorio Conceicao is personally present in Court pursuant to the order dated 06/02/2026. However, the Petitioner is not present in Court due to medical reasons. The learned Counsel appearing for the Petitioner seeks waiver of his presence for the purpose of today's hearing.

5.

The first Respondent who is personally present in the Court confirms

that he has received a sum of Rs.85,000/- from the Petitioner as full and final settlement in respect of his claim, which is the subject matter of his Complaint under Section 138 of the Negotiable Instruments Act before the Learned Judicial Magistrate, First Class, Mapusa. The Petitioner has also paid a cost of Rs.7,500/- to the Goa State Legal Services Authority and has produced receipt dated 11/02/2026 towards the payment.

6.

In view thereof, the first Respondent submits that nothing survives in his Complaint filed by him before the Judicial Magistrate First Class at Mapusa in Criminal Case No.OA/195/NIA/2018/A. 7.

Accordingly, today he submits that he seeks leave to withdraw the Criminal case No.OA/195/NIA/2018/A pending before the Learned Judicial Magistrate, First Class, Mapusa, Goa. 8.

In view thereof and on the statement made by first Respondent, the proceedings of Criminal Case No.OA/195/NIA/2018/A pending before the Learned Judicial Magistrate, First Class, is closed. 9.

The present petition is disposed of.

[AMIT S. JAMSANDEKAR, J.]