LAWS(BOM)-2022-10-78

SHAIKH MOHAMMED TAUSEEF Vs. GOGO CONSTRUCTIONS

Decided On October 06, 2022
Shaikh Mohammed Tauseef Appellant
V/S
Gogo Constructions Respondents

JUDGEMENT

(1.) Heard Mr Ravi Gawas for the Petitioner and Ms Shaila Naik, Advocate for Respondents nos.2 and 3.

(2.) Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties.

(3.) The main issue involved in this matter is the failure of the learned JMFC, Quepem (A Court), in supplying certified copies of judgments and orders in Criminal Case no.161/NI/OA/2016/A and Criminal Case No.162/NI/OA/2016/A after she pronounced in the open Court on 5/3/2021, that respondent nos.2 and 3 were convicted and sentenced under Sec. 138 of the Negotiable Instruments Act, 1881. By Order dtd. 11/7/2022, made in Criminal Writ Petition No.73/2022, the learned JMFC was directed to provide the petitioner and respondent nos.2 and 3 the certified copies within a maximum period of 10 days from the receipt of an authenticated copy of the said Order. However, despite receiving this Order, the learned JMFC has neither prepared the judgment nor issued any copies to the parties. Hence, this second petition by the Petitioner, who was the original complainant in the above criminal cases.