204-CRIA-11-2015 W CRIA-21-2018.DOC

Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL APPEAL NO. 11 OF 2015

WITH

CRIMINAL APPEAL NO.21 OF 2018

CRIMINAL APPEAL NO. 11 OF 2015

The Quepem Urban Co-op. Credit Society Ltd.,

Regd. Office at Cindio Apartments,

Ground Floor, Quepem, Goa

...Appellant

Versus

1. Shri Datta Shambu Naik,

Major in age,

Residing at House No.300/B,

Capxem, Curchorem, Goa

2. State

Represented by Public Prosecutor

High Court, Panaji Goa.

…Respondents

WITH

CRIMINAL APPEAL NO.21 OF 2018

The Quepem Urban Co-op. Credit Society Ltd.,

Regd. Office at Cindio Apartments,

Ground Floor, Quepem, Goa.

...Appellant

Versus

1. Shri Nilkanth Babu Velip,

Major in age, residing at House No.1463,

Paz, Shiroda Goa

2. State

Represented by Public Prosecutor

Panaji Goa.

…Respondents

Page 1 of 42

3^rd October 2022

204-CRIA-11-2015 W CRIA-21-2018.DOC

Mr. Abhay Nachinolkar with Mr. Siddhant Kamat

Dhakankar and Mr. H. Vaze, Advocates for the Petitioner.

Mr. Ashwin D. Bhobe with Ms. Annelise Fernandes, Mr.

Chirag Angle and Ms. S. Shaikh, Advocates for the

Respondent No.1.

Mr. Gaurish Nagvenker, Additional Public Prosecutor, for

Respondent No.2.

CORAM:

BHARAT P. DESHPANDE,J.

Reserved on:

22^nd September 2022

Pronounced

on:

03^rd October 2022

JUDGMENT:

In both these appeals, common questions of facts and law

are raised and therefore taken up for final disposal together. The

learned counsel appearing for the parties agreed that both these

matters could be disposed of by a common judgment.

2.

Criminal Appeal No.11 of 2015 is challenging the

judgment dated 21/10/2013 passed in Criminal Appeal No.48 of

2012 by the learned Additional Sessions Judge-I, South Goa

Margao whereby the judgment of conviction dated 27/03/2012

passed by the learned J.M.F.C.,Quepem in Criminal Case

No.103/NI/2010/B was quashed and set aside and the

respondent/accused was acquitted of the offence punishable

under Section 138 of the Negotiable Instruments Act,1881.

Page 2 of 42

3^rd October 2022

204-CRIA-11-2015 W CRIA-21-2018.DOC

3.

Criminal Appeal No.21 of 2018 is challenging the

judgment dated 17/06/2017 in Criminal Appeal No.51 of 2013

passed by the learned Additional Session Judge, South Goa,

Margao thereby allowing the said appeal and accordingly

quashing and setting aside the judgment of conviction passed by

the learned Judicial Magistrate First Class, Quepem in Criminal

Case No.38/NI/2009/B. The respondent/accused was accordingly

acquitted for the offences punishable under Section 138 of the

Negotiable Instruments Act.

4.

In both, the matters appellant is the same i.e. The Quepem

Urban Credit Society whereas the respondents are different.

However, since common grounds are raised, both these matters

are taken together for disposal.

5.

Heard Mr. Abhay Nachinolkar, learned Counsel for the

appellant, Mr. A.D. Bhobe, learned Counsel for respondent No.1

and Mr. Gaurish Nagvenkar, Additional Public Prosecutor for

respondent No.2.

6.

With the assistance of the learned Counsel appearing for

the respective parties, I have perused the entire record and

particularly the judgments and reasoning of the learned

Magistrate and that of the First Appellate Court.

Page 3 of 42

3^rd October 2022

204-CRIA-11-2015 W CRIA-21-2018.DOC

7.

Shri Abhay Nachinolkar, appearing for the appellants in

both the matters submitted that the learned Additional Sessions

Judge while acquitting both the accused persons erred in

accepting the contentions raised in the grounds and more

particularly, disbelieving the authority given to the witness to file

the complaint. He, therefore, submitted that the question in

both the appeals is whether a witness had authority to file

complaint.

8.

Learned counsel Shri Nachinolkar then submitted that in

Criminal Appeal No.21 of 2018, apart from the above question,

there is additional ground wherein the learned Additional

Sessions Judge erred in holding that the learned Magistrate at

Quepem h