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2015 Supreme(Bom) 122

U.V.BAKRE
Agency Real Margao Pvt. Ltd. , Represented by Authorised person Shri Nishikant Pednekar – Appellant
Versus
Subhash K. Parab – Respondent


Advocates:
Advocate Appeared
For the Appellant:N. Sardessai, Senior Advocate with D. Shirodkar, Advocate.
For the Respondent:S.M. Singbal, Advocate.

JUDGMENT

1. All the above appeals are disposed of by this common judgment since they are filed against the same common judgment and order dated 29.08.2011 passed by the learned Judicial Magistrate, First Class “C” Court at Panaji (“J.M.F.C.”, for short) in Criminal Cases No. OA/142/2006/C, OA/143/2006/C, OA/144/2006/C and OA/145/2006/C, respectively and involve common facts and law.

2. The appellant was the complainant in the said criminal cases whereas respondent no.1 was the accused therein. Parties shall be hereinafter be referred to as per their status in the said cases.

3. The complainant had filed the complaint against the accused for offence under Section 138 of the Negotiable Instruments Act, 1881 (“N.I. Act” for short) which gave rise to the said criminal cases. Case of the complainant, in short, was as follows:-

The complainant is a company carrying on business of selling liquor in Goa and in rest of India. The accused was the employee of the complainant and had collected the payment of sale of liquor made by the customers on behalf of the complainant-company as representative of the complainant. However, the accused did not pay the money collected from the customers to the c











































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