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2026 DAILYLAW 2688 (BOM)

TABARAKULLA MULLA v. LOKMANYA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD REP BY ITS BRANCH MANAGER

CRMA/79/2026 · 2026-06-17

Shri Amit S Jamsandekar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

902 CRMA.79 OF 2026 17th June 2026 Siddhi IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL MISCELLANEOUS APPLICATION NO. 79 OF 2026 AND CRIMINAL REVISION APPLICATION NO. 26 OF 2023 TABARAKULLA MULLA ... APPLICANT Versus LOKMANYA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. REP. BY ITS BRANCH MANAGER . ... RESPONDENT Mr Ryan Menezes with Ms. Stephanie Alvares and Ms. M.Silva, Advocate for the Applicant. Ms. Yadika Mandrekar, Advocate for the Respondent. CORAM:- AMIT S. JAMSANDEKAR,J. DATED :- 17th June, 2026 P.C. 1. Heard Mr. Ryan Menezes, learned counsel for the Applicant and Ms. Yadika Mandrekar, learned counsel for the Respondent. 2. It is submitted that, the Respondent has received all amounts due to it and has no further claim against the Applicant and has given its no objection to the compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881, for which the Applicant was convicted in the present case. 902 CRMA.79 OF 2026 17th June 2026 3. In view thereof, the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent have tendered Minutes of Order. The same are taken on record and marked 'X' for identification. 4. Accordingly, the said offence stands compounded and the Judgment and Order dated 09.01.2023 passed in Criminal Case No. 274/OA/2015/B by the learned Judicial Magistrate First Class, Panaji, Goa, and the Judgment and Order dated 05.06.2023 passed by the learned Principal Sessions Judge, North Goa, at Panaji, in Criminal Appeal No. 45/2023, and the conviction and sentence imposed upon the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, are set aside and the Applicant stands acquitted of the said offence. 5. The amount of Rs.95,000/- (Rupees Ninety Five Thousand only) deposited before the Court of the Principal Sessions Judge, North Goa, at Panaji, shall be remitted by the said Court to the Registry of this Court, along with accrued interest, if any, within a period of one week from today. 902 CRMA.79 OF 2026 17th June 2026 6. Thereafter, the amount of Rs.2,85,000/-(Rupees Two Lakhs Eighty Five Thousand only) deposited with this Court and the amount of Rs.95,000/-(Rupees Ninety Five Thousand only) remitted by the Court of the Principal Sessions Judge, North Goa, at Panaji, i.e. a total amount of Rs.3,80,000/-(Rupees Three Lakhs Eighty Thousand only), along with accrued interest, if any, shall be released to the Respondent and transferred by online transfer to the following account: Account Name: LOKMANYA MULTIPURPOSE CO-OPERATIVE SOCIETY LTD. Account Type : Savings Account Number : 10822111000055 IFSC Code : PUNB0400400 Bank Name : Punjab National Bank Branch : Mapusa 7. In view of the settlement arrived at between the parties, and in view of the peculiar facts and circumstances of this case, the payment of costs in terms of the judgments of the Hon'ble Supreme Court in Damodar S. Prabhu v. Sayed Babalal H., (2010) 5 SCC 663 and Sanjabij Tari v. Kishore S. Borcar & Another (2025 SCC OnLine SC 2069) is waived. 902 CRMA.79 OF 2026 17th June 2026 8. Accordingly, Criminal Revision Application No. 26 of 2023 stand disposed of in the above terms and consequently, the Criminal Miscellaneous Application No.79 of 2026 also stands disposed of. AMIT S. JAMSANDEKAR, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 19/06/2026 14:54:05