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Judgment
Heard the learned Advocate for the Applicant. The Registry is directed to waive the office objections and register the Revision Application.
The present proceedings arise out of the complaint filed by the First Respondent, the Bicholim Urban Cooperative Bank Ltd., under Section 138 of the Negotiable Instruments Act, 1881, against the Applicant before the learned Judicial Magistrate First Class (JMFC). By Judgment and Order dated 06.09.2018 passed by the learned JMFC, the Applicant was held guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and consequently, was ordered to undergo simple imprisonment for a period of 12 months and also to pay compensation under Section 357(3) of the Cr.P.C. to the First Respondent-Cooperative Bank of Rs.5,00,000/- (Rupees Five Lakhs only).
The Judgment and Order of the learned JMFC was challenged by the Applicant and the same was finally heard by the learned Additional Sessions Judge, South Goa, Margao, and by Judgment and Order dated 04.12.2021, the learned Additional Sessions Judge was pleased to dismiss the Appeal filed by the Applicant.
There was no challenge to the Judgment and Order dated 04.12.2021 passed by the learned Additional Sessions Judge. The present Revision Application was admittedly filed after a delay of 830 days.
Meanwhile, the parties have amicably settled the dispute, and the Applicant has paid the agreed compensation amount and closed the loan account with the First Respondent-Cooperative Bank. The Applicant has filed an affidavit dated 24.09.2026 stating that pursuant to the settlement, the Applicant has deposited an amount of Rs.2,65,000/- (Rupees Two Lakhs Sixty-Five Thousand only) before this Court and has directly paid Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) to the First Respondent-Cooperative Bank. An amount of Rs.6,25,000/- (Rupees Six Lakhs Twenty-Five Thousand only) is already paid towards settlement of the outstanding amount.
In view thereof, the Respondent-Cooperative Bank has no objection if the offence punishable under Section 138 of the Negotiable Instruments Act is compounded.
The authorised Representative of the Respondent-Cooperative Bank, Mr. Ninad Hemant Sawaikar, has endorsed the affidavit filed by the Applicant and is also personally present in the Court. The First Respondent-Cooperative Bank has received an amount of Rs.6,25,000/- (Rupees Six Lakhs Twenty-Five Thousand only) as full and final settlement from the Applicant and the Respondent-Cooperative Bank has accepted the same as full and final settlement.
Therefore, the First Respondent-Cooperative Bank has no objection if the offence under Section 138 of the Negotiable Instruments Act is compounded.
In view thereof, the Judgment and Order dated 06.09.2018 passed by the learned Judicial Magistrate First Class and the Judgment and Order dated 04.12.2021 passed by the learned Additional Sessions Judge, Margao, are quashed and set aside.
The offence punishable under Section 138 of the Negotiable Instruments Act stands compounded.
The Applicant shall pay Rs.25,000/- (Rupees Twenty-Five Thousand only) towards costs to the Goa State Legal Services Authority pursuant to the Judgment of the Hon'ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H. (2010) 5 SCC 663. The cost shall be paid within a period of three days from today.
Further, I have heard the Applicant and the First Respondent separately on further costs to be paid by the Applicant and the First Respondent for wasting the Court’s valuable time.
The Revision Application was filed in 2024 and, till date, the Applicant has failed to remove the office objections, even though time was given to the Applicant from time to time. The matter was listed on 19.11.2024, and the Applicant was required to file an application for compounding as per the Judgment in Damodar S. Prabhu (Supra). The Applicant did not file it as required by the order dated 19.11.2024. Considering that the parties have decided to amicably settle the dispute, the Court passed a detailed order requiring the Applicant to pay costs to the Goa State Legal Services Authority, file an application for compounding, and remove the office objections within two weeks from 19.11.2024. However, the Applicant and the Respondent took almost two years to comply with the Order dated 19.11.2024.
The matter was listed by the Registry in the Cause List for non-compliance of the office objections. Because the Applicant stated that it had paid the agreed compensation amount to the First Respondent, the matter was taken for final hearing out of turn. However, the Applicant and the representative of the First Respondent-Cooperative Bank could not explain the exact amount deposited in this Court and directly paid to the First Respondent-Cooperative Bank.
Therefore, this Court had to list the matter thrice to obtain the required details of the payment made by the Applicant to the First Respondent-Cooperative Bank. This has resulted in wastage of judicial time. Therefore, the Applicant and the First Respondent-Cooperative Bank shall pay Rs.15,000/- (Rupees Fifteen Thousand only) each towards costs.
The costs shall be paid to the Goa High Court Bar Association. The Bank Details of the Goa High Court Bar Association are as follows: Name: The Goa High Court Bar Association Bank: Bank of India, Dempo House, Post Box No.291, Campal, Panjim-Goa Account No.: 100710100010906 IFSC Code: BKID0001020 MICR Code: 403013004
The costs shall be paid within three days from today.
List the matter on 29.09.2026 at 2:30 p.m. for compliance.
The Criminal Revision Application is disposed of in the above terms.
All pending applications stand disposed of.
This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on the production by fax or email of a digitally signed copy of this order.