MAPUSA
A Panaji court on Saturday dismissed the appeal of the beleaguered builder Venkatesh Prabhu Moni proprietor of M/s Prabhu Constructions in a cheque bouncing case paving the way for his arrest.
However, till late in the night, there was no confirmation whether he was arrested and lodged in the Colvale jail.
While dismissing the appeal of the accused builder, Sessions Judge Sherin Paul upheld the earlier JMFC court order convicting the accused builder to undergo rigorous imprisonment for a period of six months and to pay compensation of Rs 2.14 crore to the complainant and in default to undergo simple imprisonment for a further period of six months.
It may be recalled, three years ago, the accused, who owed Rs 2.14 crore to complainant, Shri Sahajanand Investments Private Limited, issued a cheque to the complainant.
However, the complainant’s bank returned the cheque as dishonoured for insufficient funds.
Shri Sahajanand Investments Private Limited then issued a legal notice to the builder but the accused failed to make the payment forcing the complainant to file a complaint under section 138 of The Negotiable Instrument Act and under section 255 (2) of Criminal Procedure Code.
In September, the JMFC court convicted the builder and sentenced him to undergo rigorous imprisonment for six months and pay the complainant the cheque amount of Rs 2.14 crore as compensation to the complainant, which shall be deposited within a period of one month and in default to undergo simple imprisonment for another six months.
Earlier, GRERA had ordered the builder to pay Rs 4 crore compensation to the flat/unit owners for defective construction and failure to handover the units on time.
