Allowed

The Janaseva Urban Cooperative Credit Society Ltd., Rep. by Branch Incharge, Naguesh Bondaikar v. Janton Baptiata Colaco

Bombay HC12 Aug 2024CRMA/88/2022

Case brief

AI extract

What is this about?

Application for leave to appeal against acquittal of a borrower in a Section 138 NI Act complaint filed by a cooperative credit society. The trial court had dismissed the complaint holding the society cannot deal in banking transactions. The High Court found the contentions merited and granted leave to file an appeal.

What did the court decide?

Leave granted to file an appeal challenging the impugned judgment dated 31.03.2022.

The Janaseva Urban Cooperative Credit Society Ltd… — Cooperative Societies | Bombay HC (2024)

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2024:BHC-GOA:1287

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CRMA 88 of 2022

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shakuntala

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IN THE HIGH COURT OF BOMBAY AT GOA

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CRIMINAL MISC. APPLICATION NO.88 OF 2022 IN

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CRIMINAL APPEAL NO.361 OF 2022 (F)

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THE JANASEVA URBAN COOPERATIVE

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CREDIT SOCIETY LTD., REP. BY

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BRANCH INCHARGE, NAGUESH BONDAIKAR ... APPLICANT Versus

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JANTON BAPTIATA COLACO

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... RESPONDENT

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Mr. Sanman R. Keny, Advocate for the Applicant. Ms. Gina Almeida, Advocate under free legal aid for the Respondent.

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CORAM:- BHARAT P. DESHPANDE, J.

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DATED :- 12th August, 2024

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P.C.

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Heard Mr. Keny learned counsel for the Applicant and Ms. Almeida learned counsel for the Respondent.

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The present application is for grant of leave to file an appeal challenging the impugned judgment dated 31.03.2022.

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Mr. Keny submits that a complaint was filed under Section 138 of the Negotiable Instruments Act, 1881, against the Respondents since the cheque issued for legally recoverable debt was returned unpaid. He submits that the Respondents were granted a loan by the Applicant Society being a member of the said society and he admits about such loan. However, the learned Trial Court dismissed the said complaint

Page 1 of 2

12th August, 2024

CRMA 88 of 2022

only on the ground that the credit society cannot deal in banking transaction.

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Mr. Keni submits that the Applicant is a Co-operative Credit Society duly registered under the Cooperative Society's Act and he is permitted to carry out financial business only with regard to its members. He submits that Respondent being one of the member of the society obtained loan which he was unable to repay. The cheque in question was issued towards the repayment of the loan amount.

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Mr. Keny submits that the Banking Regulation Act is not applicable to the Society and therefore observations of the learned Magistrate are clearly against the provision of the Cooperative Society Act.

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The contentions raised in the present application are having substance and, therefore, leave is granted by the Applicant to file an appeal challenging the impugned judgment. Accordingly, the application stands allowed.

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Leave is granted to challenge the impugned judgment.

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Application stands disposed of in the above terms.

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BHARAT P. DESHPANDE, J.

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Page 2 of 2

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12th August, 2024

The Janaseva Urban Cooperative Credit Society Ltd., Rep. by Branch Incharge, Naguesh Bondaikar v. Janton Baptiata Colaco

Case brief

What is this about?

What did the court decide?

The Janaseva Urban Cooperative Credit Society Ltd., Rep. by Branch Incharge, Naguesh Bondaikar v. Janton Baptiata Colaco

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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