IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL REVISION APPLICATION NO. 16 OF 2018

NILESH PALYEKAR, PRESENTLY IN

COLVALE JAIL, THR. NEHA PALYEKAR.,

... Petitioner

Versus

ANAND KANDOLKAR AND ANR.,

... Respondents

Mr. R. Chodankar, Advocate for the petitioner.

Mr. J. Vaz, Advocate for the respondent no.1.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:-

21st February 2018

P.C.

The Petitioner has been convicted by learned JMFC, Mapusa

in Other Acts/NIA/179/2012/B for the offence punishable under

Section 138 of the Negotiable Instruments Act. He has been

sentenced to undergo simple imprisonment for four months and

to pay compensation of Rs.1,00,000/- and in default to undergo

simple imprisonment for a period of 2 months. The petitioner

preferred an appeal before the Sessions Judge, North Goa

bearing Criminal Appeal No.67/2015. Learned Additional

Sessions Judge dismissed the appeal on 2.1.2018 against which

present Criminal Revision Applicant is preferred.

2. A joint application for compounding of the offence is

moved by the petitioner and the respondent no.1 who are duly

identified by their respective Advocates. It is submitted that

2

CRIR/16/2018

matter has been amicably settled between the parties and

therefore, respondent no.1 does not wish to proceed with the

matter. It is also submitted by the learned Counsel for the

petitioner that entire amount of the compensation has already

been deposited in the Court.

3. In view of the above, permission to compound the offence

punishable under Section 138 of the NIA is granted. The

petitioner is acquitted of the offence punishable under Section

138 of the NIA. The Judgment and order of conviction passed by

the learned JMFC, Mapusa in Other Acts/NIA/179/2012/B and

confirmed by the Additional Sessions Judge in Criminal Appeal

No.67/2015 is set aside. The petitioner be released forthwith

from the judicial custody, if not required in any other case and on

depositing 15% of the cheque amount in favour of Goa State

Legal Services Authority, in view of the Judgement of the

Hon'ble Supreme Court in the case of Damodar Prabhu Vs.

Sayyed Babalal H.[(2010)5 SCC 663].

4. Criminal Revision Application stands disposed of.

PRITHVIRAJ K. CHAVAN, J.

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