Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 7365 (BOM)

DATTARAM ANAND SHIRODKAR, THR. HIS NEXT FRIEND PRITESH APALI GAWAS v. M/S. RAVINDRA PETROLEUM, THR. ITS PROPRIETOR AMIT RAVINDRA KHOLKAR AND ANR

CRIR/33/2026 · 2026-09-09

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[DOCUMENT TITLE] 9th September 2026 Siddhi/vinita IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL REVISION APPLICATION NO.33 OF 2026 WITH CRIMINAL MISC. APPLICATION NO.3 OF 2026, CRIMINAL MISC. APPLICATION NO.942 OF 2024 (F), CRIMINAL MISC. APPLICATION NO.943 OF 2024 (F) CRIMINAL REVISION APPLICATION NO.33 OF 2026 DATTARAM ANAND SHIRODKAR, THR. HIS NEXT FRIEND PRITESH APALI GAWAS ... APPLICANT Versus M/S. RAVINDRA PETROLEUM, THR. ITS PROPRIETOR AMIT RAVINDRA KHOLKAR AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.3 OF 2026 M/S RAVINDRA PETROLEUM THR ITS PROPRIETOR ... APPLICANT Versus DATTARAM ANAND SHIRODKAR ALIAS DATTESH ANAND SHIRODKAR AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.942 OF 2024 (F) DATTARAM ANAND SHIRODKAR, THR. HIS NEXT FRIEND PRITESH APALI GAWAS ... APPLICANT Versus M/S. RAVINDRA PETROLEUM, THR. ITS PROPRIETOR AMIT RAVINDRA KHOLKAR AND ANR ... RESPONDENTS WITH CRIMINAL MISC. APPLICATION NO.943 OF 2024 (F) DATTARAM ANAND 2026:BHC-GOA:1826 [DOCUMENT TITLE] 9th September 2026 SHIRODKAR, THR. HIS NEXT FRIEND PRITESH APALI GAWAS ... APPLICANT Versus M/S. RAVINDRA PETROLEUM, THR. ITS PROPRIETOR AMIT RAVINDRA KHOLKAR AND ANR ... RESPONDENTS Ms. Laxmi Sawant, Advocate for the Applicant. Mr. Premanand A. Kholkar, Advocate for the Respondent No.1. Mr. Gaurish Nagvenker, Additional Public Prosecutor for the Respondent No.2/State. CORAM:- AMIT S. JAMSANDEKAR,J. Reserved on :- 27th July, 2026 Pronounced on:- 9th September 2026. ORDER. 1. Heard learned counsel for the Applicant. 2. By the present Criminal Revision Application, the Applicant seeks quashing of the judgment and order dated 31.08.2024 passed by the learned Additional Sessions Judge, Panaji, sitting at Ponda, in Criminal Appeal No.79/2024. 3. By the order dated 31.08.2024, the learned Judge has dismissed the Applicant’s Criminal Appeal against the judgment and order dated 20.02.2024 passed by the learned JMFC at Ponda in Criminal Case No. 705/OA/NIA/20222/B. In revision, the impugned order is challenged on the grounds, more particularly mentioned in paragraph 9 (c) to (g) of the Revision Application. [DOCUMENT TITLE] 9th September 2026 4. However, it is submitted that the Applicant, with bona fide intention, has deposited the entire compensation amount of Rs.4,70,000/- (Rupees Four Lakhs Seventy Thousand only) before this Court and the Applicant has no objection if the entire compensation amount is paid to the Respondent No.1 along with the accrued interest. It is also submitted that the Applicant, to show his bona fide, has deposited an amount of Rs.50,000/-(Rupees Fifty Thousand only) which can be paid to the Respondent No.1 in addition to the compensation amount. Additionally, the Applicant has already paid Rs.35,000/- (Rupees Thirty Five Thousand only) as and by way of costs to the Goa State Legal Services Authority. In view thereof, it is submitted on behalf of the Applicant that the dispute can be resolved by paying additional compensation to the Respondent No.1 and the proceedings be closed in the interest of justice. 5. However, it is submitted on behalf of the Respondent No. 1 that Respondent No.1 is not ready and willing to accept the compensation amount, as, according to the Respondent No.1, the same is inadequate. 6. I have heard the learned counsel appearing for the Applicant as well as the learned Counsel for the Respondent No.1. 7. The present Revision Application arises from the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (the [DOCUMENT TITLE] 9th September 2026 N.I .Act), which are summary proceedings and quasi-criminal in nature. By depositing the entire compensation amount before this Court and an additional amount of Rs.50,000/- (Rupees Fifty Thousand only), the Applicant has shown that he acted in a bona fide manner. I find that the additional amount of Rs.50,000/- (Rupees Fifty Thousand only) which the Applicant has voluntarily deposited in this Court is adequate, considering the transaction between the parties. Therefore, I find it justifiable and equitable to compound the offence punishable under Section 138 of the N.I. Act. However, in view of the fact that the Respondent No.1 has refused to give consent to the compounding of the offence committed by the Applicant under Section 138 of the N.I. Act, I cannot exercise powers under Section 528 of the BNSS and Section 147 of the N.I. Act, as held by the Hon’ble Supreme Court in A.S. Pharma Pvt. Ltd. v. Nayati Medical Pvt. Ltd. & Ors. (2024 SCC OnLine SC 2539). 8. The learned JMFC has sentenced the Applicant to undergo simple imprisonment for a period of four months. Further, the Applicant has been directed to pay Rs.4,70,000/- (Rupees Four Lakhs Seventy Thousand only) to the Respondent No.1 as compensation. The learned Additional Sessions Judge has confirmed the Judgment and Order of the learned JMFC. [DOCUMENT TITLE] 9th September 2026 9. However, considering that the Applicant has now deposited the entire compensation amount and an additional amount to compensate the Respondent No.1, I find it justifiable and equitable to set aside the sentence of simple imprisonment for four months and impose a fine of Rs.50,000/- (Rupees Fifty Thousand only) on the Applicant. 10. Therefore, in the interest of justice, equity and to put an end to the prolonged revision application, the following order is passed:- (i) The Judgment and Order dated 31.08.2024 in Criminal Appeal No.79/2024 passed by the learned Additional Sessions Judge, Panaji, sitting at Ponda, Goa, and the Judgment and Order dated 20.02.2024 passed in Criminal Case No.705/OA/NIA/2022/B passed by the JMFC, Ponda, Goa, is quashed and set aside to the extent of the sentence to undergo simple imprisonment for four months. (ii) The Applicant shall pay Rs.50,000/- (Rupees Fifty Thousand only) to the Respondent No.1 as fine under Section 138 of the N.I. Act. 11. The Registry of this Court is directed to pay the compensation amount of Rs.4,70,000/- (Rupees Four Lakhs Seventy Thousand [DOCUMENT TITLE] 9th September 2026 only) along with accrued interest deposited by the Applicant to the Respondent No.1. 12. The Registry is further directed to pay the additional amount of Rs.50,000/- (Rupees Fifty Thousand only), along with the accrued interest, deposited by the Applicant to the Respondent No.1 towards the fine under Section 138 of the N.I. Act. The Respondent No.1 shall provide its Bank details to the Registry of this Court for e-remittance of the compensation/fine amount. 13. The Criminal Revision Application stands disposed of in the above terms. 14. In view thereof, the Criminal Miscellaneous Application No. 3 of 2026 filed by the Respondent No.1 to withdraw the compensation amount stands disposed of. Consequently, the Criminal Miscellaneous Application Nos. 942 of 2024 (Filing) and 943 of 2024 (Filing), also stand disposed of. 15. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on the production by fax or email of a digitally signed copy of this order. AMIT S. JAMSANDEKAR, J. Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 10/09/2026 11:09:36