Authority: High Court of Bombay at Goa (Goa Bench)

Order Date: 2 November 2026

Case Overview

  • Parties: Applicant Sandip Harishchandra Devidas vs. Respondent 1: Gokul Urban Co‑operative Credit Society Ltd (and Respondent 2, unnamed).
  • Nature of Proceeding: Criminal revision (Criminal Revision Application No. 142 of 2026) challenging a conviction under Section 138 of the Negotiable Instruments Act, 1881.
  • Background:
  • The applicant obtained a loan of Rs 2,50,000 at 14% per annum, repayable in instalments of Rs 8,544, per loan agreement dated 17‑02‑2011. The loan was to be fully repaid by 2014.
  • On 18‑05‑2018 the applicant issued cheque No. 079766 drawn on Corporation Bank, Curchorem Branch for Rs 5,89,000 in favour of the respondent; the cheque was returned “funds insufficient”.
  • Respondent served a demand notice on 29‑05‑2018; applicant failed to respond, leading to a complaint under Section 138 NI Act (Criminal Case No. OA/11/NIA/2019/A before the Judicial Magistrate First Class, Ponda).
  • Trial Proceedings:
  • Only one witness (the respondent’s authorised representative) was examined; the applicant presented no evidence and, under Section 313 CrPC, denied the case, claiming a false case had been filed.
  • The JMFC convicted the applicant, sentencing him to seven months simple imprisonment and ordering compensation of Rs 6,19,000 (default sentence of seven months imprisonment).
  • The applicant appealed (Criminal Appeal No. 113/2023) before the Additional Sessions Judge, Panaji, which dismissed the appeal and confirmed the JMFC judgment.
  • Subsequent Applications & Legal Aid History:
  • Condensation of delay (CRMA No. 45/2024) granted on 18‑06‑2024.
  • Suspension of sentence (CRMA No. 222/2024) allowed on 18‑06‑2024, subject to a personal bond of Rs 10,000 with surety of equal amount and a requirement to deposit 10% of the cheque amount within two weeks.
  • Applicant deposited Rs 62,000 on 17‑07‑2024 (DD No. 636023); the suspension application was disposed on 10‑04‑2026.
  • Multiple legal‑aid advocates were appointed (Abhishek Sawant, Abhijit Gosavi, and finally Salil Lawande) due to the applicant’s non‑cooperation and failure to appear at scheduled hearings (06‑05‑2026, 04‑07‑2026, 27‑07‑2026, 03‑08‑2026).
  • Applicant’s Submissions in Revision:
  • Argued that statutory presumptions under Sections 118(a) and 139 NI Act are rebuttable and that the respondent failed to prove how the original loan of Rs 2,50,000 escalated to a liability of Rs 5,89,000.
  • Contended that the courts improperly shifted the evidentiary burden onto the applicant and that a criminal conviction cannot rest on an unexplained mathematical progression.
  • Court’s Findings:
  • Applicant admitted obtaining the loan and the cheque; signature on the cheque was undisputed.
  • The loan agreement, interest rate, and instalment schedule were established; the respondent’s claim of Rs 5,89,000 included accrued interest post‑30‑09‑2016.
  • The lower courts’ findings on loan amount, interest computation, and liability were upheld.
  • No infirmity or violation of natural justice was found in the JMFC or Sessions Court orders.

Final Outcome

  • The revision application is dismissed.
  • The earlier suspension of the substantive sentence (order dated 18‑06‑2024) is vacated.
  • Police Inspector, Sanguem Police Station, is directed to arrest the applicant and produce him before the Judicial Magistrate First Class, Ponda, in Criminal Case No. 472/OA/NIA/2018/B.
  • The Registry and the Superintendent of the Trial Court shall remit/transfer any amount deposited by the applicant, together with accrued interest, to Gokul Urban Co‑operative Credit Society Ltd after verification.
  • The Registry shall return the record and process the digitally signed order.

Topics: Criminal Conviction, Cheque Bounce, Cooperative Credit Society