Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 2807 (BOM)

SUMANT MADIKERI v. RENUKA NADKARNI AND ANR.

CRMA/51/2026 · 2026-07-27

Shri Amit S Jamsandekar

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sumant Madikeri Vs. Renuka Nadkarni & Anr. __________________________________________________ 18 CRIR 19 of 2026 July 27, 2026 Esha IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO. 19 OF 2026 WITH CRIMINAL MISC. APPLICATION NO. 51 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 19 OF 2026 SUMANT MADIKERI … APPLICANT ~ VERSUS ~ RENUKA NADKARNI & ANOTHER … RESPONDENTS APPEARANCES: for the Applicant Mr. Pranav Vaze for Respondent No. 1 Mr. Kishan Kavlekar for Respondent No. 2 Additional Public Prosecutor, Mr. Somnath Karpe CORAM : AMIT S. JAMSANDEKAR, J. DATED : 27th JULY 2026 P.C: 1. Heard learned Counsel for the Applicant and the learned Counsel for the first Respondent. 2026:BHC-GOA:1466 Sumant Madikeri Vs. Renuka Nadkarni & Anr. __________________________________________________ 18 CRIR 19 of 2026 July 27, 2026 2. By the present Application, the Applicant has challenged the order dated 21.12.2024 passed by the learned Additional Sessions Judge, Panaji in Criminal Appeal No. 216/2023, by which, the learned Additional Sessions Judge (learned Sessions Judge) was pleased to dismiss the Appeal filed by the Applicant against the judgment and order dated 07.06.2023 passed by the learned Judicial Magistrate First Class, Ponda (learned JMFC) in Criminal Case No. 617/OA/NIA/ 2017/C, thereby convicting the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act). 3. The total compensation amount awarded by the learned JMFC is Rs.2 Lakhs, out of which the Applicant has deposited a part of the said amount before the Registry of this Court and the remaining part before the Appellate Court. In view thereof, the conduct of the Applicant establishes her bonafides. 4. The first Respondent is ready and willing to accept the compensation amount and to compound the offence, however, subject to payment of some additional costs. Sumant Madikeri Vs. Renuka Nadkarni & Anr. __________________________________________________ 18 CRIR 19 of 2026 July 27, 2026 5. The Hon’ble Supreme Court in the case of Sanjabij Tari Vs. Kishore S. Borcar & Another, 2025 SCC OnLine SCC 2069 has held as follows: “39. This Court is of the view that if the Accused is willing to pay in accordance with the aforesaid guidelines, the Court may suggest to the parties to go for compounding. If for any reason, the financial institutions/complainant asks for payment other than the cheque amount or settlement of entire loan or other outstanding dues, then the Magistrate may suggest to the Accused to plead guilty and exercise the power under Section 255(2) and/or 255(3) of the Cr.P.C. or 278 of the BNSS, 2023 and/or give the benefit under the Probation of Offenders Act, 1958 to the Accused.” 6. Keeping in view the aforesaid, I am inclined to compound the offence under Section 138 of the N.I. Act, however, subject to payment of costs by the Applicant to the first Respondent. 7. The Registrar (Judicial) of this Court and the Superintendent of the Additional Sessions Judge, Panaji, are directed to release the deposited compensation amount along with accrued interest, if any, in favour of the first Respondent on the first Respondent furnishing her Bank details. The Applicant is also further directed to pay an amount of Rs.10,000/- (Rupees Ten Thousand only) to the first Respondent on or before 03.08.2026. The learned Counsel appearing for the first Sumant Madikeri Vs. Renuka Nadkarni & Anr. __________________________________________________ 18 CRIR 19 of 2026 July 27, 2026 Respondent, on instructions, accepts the additional compensation of Rs.10,000/-. 8. Consequently, the order dated 21.12.2024 passed by the learned Sessions Judge in Criminal Appeal No. 216/2023 as well as the judgment and order dated 07.06.2023 passed by the learned JMFC in Criminal Case No. 617/OA/NIA/2017/C are quashed and set aside and the offence punishable under Section 138 of the N.I. Act stands compounded. 9. The Criminal Revision Application No. 19 of 2026 as well as Criminal Miscellaneous Application No. 51 of 2026 stand disposed of. 10. List the matter on the cause list of 4th August 2026 for reporting compliance. 11. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ AMIT S. JAMSANDEKAR, J. ] Signed by: VAIGANKAR ESHA SAINATH Designation: Personal Assistant Date: 28/07/2026 14:54:09