Authority: High Court of Bombay at Goa

Order Date: 27 October 2026

Case Overview

  • Parties: Applicant Sanil Shashikant Desai vs. Respondent The Sada Urban Co-operative Credit Society Ltd.
  • Nature: Criminal Revision Application (CRIR No. 131 of 2026) challenging the judgment and order dated 23‑11‑2021 of the Additional Sessions Judge, South Goa, which affirmed the conviction and sentence imposed by the Judicial Magistrate First Class (JMFC) at Vasco.
  • Background: Desai obtained a loan of Rs 20,00,000 from the Respondent’s Headland Sada Branch (loan agreement dated 15‑07‑2014, repayable in 240 instalments of Rs 20,640 each, due by 15‑08‑2034). Default led to a recall notice dated 10‑05‑2018 and a corrigendum dated 11‑10‑2018 demanding repayment of Rs 23,23,361 as of 30‑04‑2018.
  • Cheque Issue: Desai issued Cheque No. 048062 dated 09‑11‑2018 for Rs 20,00,000 drawn on Citizen Co-operative Bank Ltd., Vasco Branch, which was dishonoured for insufficient funds.
  • Statutory Demand: Respondent served a statutory demand on 05‑12‑2018 (served 07‑12‑2018). Desai neither replied nor complied, prompting complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881.
  • Trial Findings: JMFC convicted Desai under Section 138 NI Act, sentencing him to twelve months simple imprisonment and ordering payment of Rs 20,20,000 compensation (default sentence of eleven months). Desai paid none of the compensation.
  • Appeal: Criminal Appeal No. 39/2020 before the Sessions Court dismissed the appeal and confirmed the JMFC’s order.
  • Subsequent Applications: Condensation of delay (CRMA No. 480/2022) allowed on 29‑07‑2026; suspension of sentence (CRMA No. 481/2022) pending with no interim protection. Multiple adjournments listed from 03‑08‑2022 to 09‑10‑2026; no deposit made as directed by JMFC.
  • Counsel Issues: Advocate for Desai discharged on 07‑03‑2025; Desai remained absent despite listings. JMFC directed issuance of arrest warrant on 07‑03‑2025; warrant issued on 13‑03‑2025 remained unexecuted; Desai’s whereabouts unknown for five years.
  • Legal Aid: Court appointed Advocate Shane Coutinho (Legal Aid Scheme) on 29‑07‑2026 to represent Desai, noting persistent absence and abuse of process.
  • Submissions: Counsel for Desai argued that evidence on loan terms, recall notice, and cheque issuance were not properly considered; claimed partial repayment of Rs 5,36,000 on 16‑01‑2019 should be deducted; contended recall was premature. Counsel for Respondent (Jatin Ramaiya) reiterated loan terms, default, valid recall, and that Desai failed to rebut statutory presumption under Section 139 NI Act.
  • Court Findings: Judge Amit S. Jamsandekar held the loan agreement was executed, recall was valid, and Desai’s submissions linked to the recall failure were untenable. The court affirmed that Desai failed to rebut the statutory presumption and that no infirmity existed in the JMFC and Sessions Court orders.
  • Conduct: Desai repeatedly failed to appear, did not file written or oral arguments, and avoided earlier warrants, constituting abuse of the legal process.

Final Outcome

  • The revision application is dismissed; any pending applications are also disposed of.
  • The Police Inspector, Vasco Police Station, is directed to arrest Desai and produce him before the Judicial Magistrate First Class at Vasco.
  • The order will be digitally signed and disseminated electronically.

Topics: Cheque Bounce, Criminal Revision