Authority: High Court of Bombay at Goa
Order Date: 1 October 2026
Case Overview
- Applicant: Shirish Shantar am Kerkar filed Criminal Revision Application No.41 of 2026 and Miscellaneous Applications No.54 of 2026 and No.1064 of 2026 (F) against The Bicholim Urban Co‑Op Bank Ltd and its branch office, including the branch officer Shri Bagesh Laximan Fadte.
- Respondent No.1: The Bicholim Urban Co‑Op Bank Ltd (through its branch office).
- Respondent No.2: The Bicholim Urban Co‑Operative Bank Ltd (through its branch officer Shri Bagesh Laximan Fadte).
- Counsel: Ms. Samiksha Vaigankar (legal‑aid) for the applicant; Mr. Shivam Fadte and Mr. Raj Chodankar for Respondent No.1; Mr. Gaurish Nagvekar, Additional Public Prosecutor for Respondent No.2.
- Background: The applicant had deposited the entire compensation amount with the Court and sought its release to Respondent No.1, requesting that the offence under Section 138 of the Negotiable Instruments Act be compounded. Respondent No.1 consented to compounding.
Final Outcome
- The Court quashed and set aside the judgment dated 26‑04‑2023 passed by the Judicial Magistrate, First Class, Bicholim (Criminal Case No. OA/299/NIA/2017/C) and the judgment dated 29‑08‑2025 passed by the Sessions Judge in Criminal Appeal No. 385/2023.
- Consequently, the offence under Section 138 of the Negotiable Instruments Act committed by the applicant is deemed compounded.
- The Registry is directed to remit the amount deposited by the applicant to Respondent No.1 along with accrued interest, based on bank details furnished by Respondent No.1.
- Costs are waived owing to the applicant’s representation under the legal‑aid scheme.
- The Criminal Revision Application and all pending applications, if any, are disposed of.
- The order will be digitally signed by the Private Secretary/Personal Assistant of the Court; parties may act on a digitally signed copy transmitted by fax or email.
Topics: Legal Proceedings, Banking, Compensation