The court emphasized the importance of considering the petitioner's efforts to pay the balance amount and the need for granting additional time before taking the petitioner into custody.

JUDGMENT

M. S. Sonak, J. - Heard Mr. Joshi, learned counsel for the Petitioner who appears alongwith Ms. S. Joshi and Mr. S. Tilve, learned counsel for the Respondent.

2. Rule. Rule made returnable forthwith considering that the issue of liberty of the citizens is involved in this matter. Rule, in any case, is made returnable forthwith with the consent and at the request of the learned counsel for the parties.

3. The Petitioner, vide judgment and order dated 23rd May, 2017 was convicted by the Judicial Magistrate First Class, Ponda Goa, for offence under Section 138 of the Negotiable Instruments Act, 1881. The Petitioner was directed to undergo simple imprisonment till rising of the Court and to pay compensation of Rs.5,50,000/- under Section 357(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) to the Respondent - Complainant and in default to undergo with further simple imprisonment for a period of two months.

4. The Petitioner, instituted a Criminal Revision Application No.10 of 2018 against the judgment and order dated 23rd May, 2017, which was however, dismissed vide order dated 10th October, 2018. This order however records that the Petitioner, had deposited an amount of Rs.2,75,000/- before this Court towards the compensation amount of Rs.5,50,000/-.

5. Thereafter, there is no serious dispute that at least upto 4th December, 2019, the Petitioner paid further amount towards the compensation but by the said date an amount of Rs.30,000/- was outstanding.

6. On 4th December, 2019, therefore, on behalf of the Respondent - Complainant an application was taken out seeking issuance of Non Bailable Warrant to commit the Petitioner to imprisonment and undergo in default sentence.

7. The learned Judicial Magistrate First Class, Ponda, on this application dated 4th December, 2019, has made the following order :

"Granted. Court PC is directed to execute the NBW. Upon execution of warrant issue warrant of commitment unless the Accused produced any documents to show that the Order 23/05/2017 is suspended/stayed/set aside."

8. Although technically, there was nothing wrong in the aforesaid order made on 4th December, 2019, we feel that the learned Judicial Magistrate First Class should have taken into consideration the fact that the Petitioner had paid Rs.5,20,000/- and therefore, this was a fit case where some additional time could have been granted to the Petitioner to pay the balance amount.

9. Be that as it may, there is no dispute now that the Petitioner has arranged to pay even this balance amount of Rs.30,000/- to the Respondent on 6th December, 2019. The Petitioner however, was taken into custody to serve in default on 4th December, 2019 in pursuance of the order dated 4th December, 2019.

10. Now that the entire compensation amount has been paid to the Respondent, obviously, there is no good ground for continued detention of the Petitioner. The Petitioner will have to be released from detention forthwith.

11. Mr. Tilve, learned counsel for the Respondent points out that there are several allegations made in the petition, including the allegation that the Respondent has secured blank cheques from the Petitioner. He submits that opportunity may be granted to the Respondent to file an affidavit to deny such allegations. At this stage, there is no question of going into such allegations and therefore, the allegations as well be taken as denied by the Respondent. Mr. Joshi, learned counsel for the Petitioner has also, not adverted to these allegations in this petition at this stage. There is in fact no necessity to go into these allegations in this petition.

12. For the aforesaid reasons, we order that the Petitioner who is presently incarcerated in Central Jail at Colvale, be released forthwith. Registry to ensure that this order is complied with at the earliest.

13. The rule is made absolute in the aforesaid terms. There shall be no order as to costs.

14. All concerned to act on the basis of the authenticated copy of this order.