SHAIKH MOHAMMED TAUSEEF Vs. GOGI CONSTRUCTIONS

JUDGEMENT

(1.) Heard Mr. Ravi Gawas for the Petitioner.

(2.) The Petitioner had instituted two criminal complaints against M/s. Gogi Construction and its Partners, i.e., Respondents No.1 to 4 under Sec. 138 of the Negotiable Instruments Act, 1881 (said Act), registered as Criminal Case Nos. 161/NI/OA/2016/A and 162/NI/OA/2016/A.

(3.) The Petitioner has pleaded that on 5/3/2021, Judicial Magistrate First Class at Quepem, A Court (JMFC) convicted the accused persons for the offense under Sec. 138 of the said Act; directed them to pay the cheque amount, and sentenced them for onemonth imprisonment, in default of payment for six months simple imprisonment. However, on the same day, the accused applied for suspension of sentence. Accordingly, the JMFC promptly suspended the sentence for 30 days to enable the accused persons to institute an appeal against the conviction.