Umakant Gokuldas Borkar Vs Thr Borim Urban Co-Operative… — Cheque Dishonour | Bombay HC (2025)

Umakant Gokuldas Borkar Vs Thr Borim Urban Co-Operative… — Cheque Dishonour | Bombay HC (2025)

What the court decided

AI extract

Outcome

Acquittal of the applicant of the offence punishable under Section 138 of the NI Act upon compounding; connected CRIR No.37 of 2025 and CRMA No.105 of 2025 (suspension of sentence) stand disposed of.

Issue for consideration

Whether the offence punishable under Section 138 of the NI Act, of which the applicant stands convicted, may be compounded upon clearance of dues and deposit of penalty, resulting in acquittal of the applicant.

Court's answer

Considering that the entire compensation has been paid to Respondent No.1 and Respondent No.1 has no objection for compounding the offence, the Applicant stands acquitted of the offence punishable under Section 138 of the NI Act.

Ratio / Principle

Since the Applicant has been acquitted of the aforementioned offence, CRIR No.37 of 2025 stands disposed of.

Key takeaways

Consequently, CRMA No.105 of 2025 for suspension of sentence also stands disposed of.ratio¶24

Detailed headnote1 paragraphs

Compounding of offence – Section 138, NI Act – Applicant, convicted by the Judicial Magistrate, First Class, Ponda by order dated 23.02.2022 in Criminal Case No.191/OA/NIA/2017/B, sought compounding in CRIR No.37/2025 – Accountant of Respondent No.1 (Borim Urban Co-operative Credit Society) placed his authorization on record, stated that the entire dues stand cleared and the interim compensation amount has been deposited directly with the society, and had no objection to compounding (recorded in order dated 14.07.2025) – Applicant deposited Rs.16,500/-, corresponding to 15% of the cheque amount, as penalty with the Goa State Legal Services Authority on 17.09.2025 – Held: considering that the entire compensation has been paid and Respondent No.1 has no objection, the Applicant stands acquitted of the offence punishable under Section 138 of the NI Act; consequently CRIR No.37 of 2025 and CRMA No.105 of 2025 (suspension of sentence) stand disposed of; CRMA No.103 of 2025 disposed of accordingly. (Valmiki Menezes, J.; 22.09.2025)

2025:BHC-GOA:1812

CRMA 103 of 2025

Meena

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.103 OF 2025 WITH CRIMINAL REVISION APPLICATION NO.37 OF 2025

CRIMINAL MISC. APPLICATION NO.103 OF 2025

Umakant Gokuldas Borkar ... APPLICANT Versus

THE BORIM URBAN CO OPERATIVE CREDIT SOCIETY LTD ... RESPONDENTS

WITH CRIMINAL REVISION APPLICATION NO.37 OF 2025 UMAKANT GOKULDAS BORKAR ... APPLICANT Versus

THR BORIM URBAN CO-OPERATIVE CREDIT SOCIETY LTD., AUTH. OFFICER HAREM ANANDRAO SINAI BORKAR AND ANR ... RESPONDENTS

WITH CRIMINAL MISC. APPLICATION NO.105 OF 2025

Mr. Abhishek Sawant, Advocate for the Applicant under L/LAS for the Applicant.

CORAM:- VALMIKI MENEZES, J.

DATED :- 22nd September, 2025

P.C.:

Registry to waive office objections and register the matter.

This is an application for compounding of the offence filed in CRIR No.37/2025. During the pendency of the application, the Accountant of Respondent No.1-Bank One, Mr Pratik Prashant

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22nd September, 2025

CRMA 103 of 2025

Gaounkar placed on record his authorization and submitted that the entire dues of the Respondent No.1 have been cleared by the Petitioner. The interim compensation amount has been deposited directly with the Respondent No.1-Co-Operative Credit Society. He also submitted that he has no objection for the compounding of the offence which was recorded in the order dated 14.07.2025.

In the meantime, the Applicant applied for the compounding offence and was directed to deposit Rs.16,500/- corresponding to 15% of the cheque amount as a penalty to the Goa State Legal Services Authority. This amount has been deposited on 17.09.2025 and the receipt has been produced today as proof thereof.

Considering that the entire compensation has been paid to the Respondent No.1 and the Respondent No.1 has no objection for compounding the offence, the Applicant stands acquitted of the offence punishable under Section 138 of the NI Act of which he has been convicted by an order dated 23.02.2022 passed by the Judicial Magistrate, First Class, Ponda in Criminal Case No.191/OA/NIA/2017/B. Since the Applicant has been acquitted of the aforementioned offence, CRIR No.37 of 2025 stands disposed of.

Consequently, CRMA No.105 of 2025 for suspension of sentence also stands disposed of.

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22nd September, 2025

CRMA 103 of 2025

CRMA No. 103 of 2025 stands disposed of accordingly.

VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 25/09/2025 14:19:56

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22nd September, 2025