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Criminal · Reportable judgment

Rajendra Anant Varik vs Govind B. Prabhugaonkar

Court
Supreme Court of India
Date
6 May 2025
Case No.
Criminal Appeal No. 2476 of 2025
Result
Allowed
Bench
Vikram Nath, Sandeep Mehta
Citation
[2025] 6 S.C.R. 303 : 2025 INSC 633
Acts & Sections
Negotiable Instruments Act, 1881 Goa Money-Lenders Act, 2001 CrPC Constitution
Supreme Court Reports [2025] 6 S.C.R. 303 : 2025 INSC 633
Issue for consideration
Whether the High Court was justified in reversing the judgment of the First Appellate Court acquitting the appellant-accused and setting aside his conviction u/s.138, Negotiable Instruments Act, 1881 as recorded by the trial Court.
Headnote

Negotiable Instruments Act, 1881 – s.138 – Goa Money-Lenders Act, 2001 – Applicability of – First Appellate Court allowed the appellant’s appeal against conviction – It was held that as the respondent-complainant was indulged in money lending activities without acquiring a license, thus, he was acting in breach of the provisions of the Goa Act and hence, he was precluded from prosecuting the appellant under NI Act – Acquittal reversed by High Court – Interference with:

Held: High Court while reversing the acquittal of the appellant did not advert to the important issue regarding applicability of the Goa Act which provided a valid defense available to the appellant – Further, the appellant has already paid the cheque amount and the fine imposed by the trial Court – Offence compounded in exercise of powers u/Art.142 of the Constitution of India – Appellant acquitted subject to the condition stated – Constitution of India – Art.142. [Paras 8, 10]

Keywords: Valid defense · Money lending activities · Without acquiring license · Precluded from prosecuting · Appeal against conviction · Acquittal reversed · Offence compounded · Compensation paid · Cheque amount paid · Powers under Article 142 of the Constitution of India exercised

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Mehta, J. 1. Heard. 2. Leave granted. 3. The accused-appellant has approached this Court, through this appeal by special leave, assailing the judgment dated 7th January, 2023, passed by the High Court of Judicature at Bombay at Goa1 in Criminal Appeal No. 53 of 2017 whereby the High Court quashed and set aside the judgment dated 6th February 2017, passed by the First Appellate Court being the Court of Sessions Judge, South Goa at Margao2 in Criminal Case No. 29/NI/2014. The First Appellate Court had allowed the Criminal Appeal No. 72 of 2016 filed by the accused-appellant against
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