MAPUSA
A Panaji court convicted a builder in a cheque bouncing case and sentenced him to a six-month rigorous jail term. The builder has also been asked to pay Rs 2.14 crore to the complainant.
The Judicial Magistrate First Class, while sentencing the builder “ identified as Venkatesh Prabhu Moni, proprietor of M/s Prabhu Constructions “ ruled that if the accused failed to pay the amount, he would undergo six more months of simple imprisonment.
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 a recent order, the Judicial Magistrate First Class, Purva Naik 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.
The court said that under Section 138 of the Negotiable Instrument Act when a cheque is dishonoured, the person drawing the cheque shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to twice the amount of the cheque of both.
“The matter is pending in the court for more than three years. Thus, it is obvious that the complainant has been put to a great hardship due to pendency of the present proceedings,” the judge observed and directed the accused to undergo six months rigorous imprisonment and to pay Rs 2.14 crore as compensation to the complainant.
The court also directed the accused to execute a fresh bail bond of Rs 20,000 with surety of like amount in compliance of section 437(a) of Criminal Procedure Code 1973 undertaking to appear before the court as and when the court issues notice in respect of any appeal or petition filed against the judgment.
Earlier, the Real Estate Regulatory Authority (RERA) court had ordered the builder to pay over Rs 3.5 crore by way of penalty and interest for non-completion and delay in handing possession of units in a building project at Prabhu Chambers in Mapusa.
