Prompt provision of certified copies of judgments, especially in cases of conviction, is essential to uphold the rights of the parties involved.

JUDGMENT

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.

4. The Petitioner has pleaded that on 28/5/2021, the Petitioner applied for urgent certified copies of the Judgments and Orders made in both the cases against receipt Nos. 18882 and 18883 dtd. 28/5/2021. The Petitioner visited the Court several times to collect the certified copies. Still, the staff always informed the Petitioner that the Judgments were not ready and that the certified copies would be supplied after 15 days. Additionally, the Petitioner has pleaded that the Judgments have not even been uploaded on the website of the Court.

5. The Petitioner, therefore, wrote to the Principal District Judge, South Goa, at Margao on 25/10/2021, but there was no response. The Petitioner, by his application dtd. 9/7/2021, in both the cases, requested the JMFC to issue a non-bailable warrant against the accused persons. But such applications are not disposed of and are still pending.

6. The Petitioner has pleaded that, to his surprise, the accused persons instituted Criminal Appeals No.52/2021 and 53/2021 before the Additional Sessions Judge (DJ-2), South Goa at Margao, without certified copies of the Judgments and Orders convicting them. Accordingly, the Office of the Sessions Judge, South Goa, at Margao has registered these two appeals. Though the appeal Court grants no interim relief, the accused persons remain at liberty despite the orders of conviction and sentence only because the JMFC has, to date, not furnished the certified copies of her Judgments and Orders.

7. Since the above situation was quite disturbing, we, by our Order dtd. 4/7/2022, called for a report from the Principal District Judge, South Goa latest by 8/7/2022, to ascertain the position. As a result, the Principal District Judge, South Goa, has submitted a report dtd. 7/7/2022, substantially confirming all that the Petitioner has pleaded.

8. The report confirms that the JMFC, by her Judgment and Order dtd. 5/3/2021, convicted and sentenced the accused persons but then suspended the sentence on the accused persons' application. Accordingly, the accused persons applied for certified copies of the Judgments and Orders dtd. 5/3/2021 on the same day, i.e., on 5 th March 2021. On this application, the JMFC passed an order dated 8 th March 2021 for issuing certified copies by giving the date as 10/3/2021.

9. The report states that no certified copy was issued on 10/3/2021. The accused persons preferred Criminal Appeals No.52/2021 and 53/2021 to the Sessions Court without certified copies of the impugned Judgments and Orders. They, however, filed an undertaking/application for production of the certified copies no sooner than the same were received or uploaded on the CIS.

10. The Appeal Court called for record and proceedings on 21/2/2022. Because the same was not transmitted, the Appeal Court sent a reminder on 8/3/2022, to the JMFC. This was followed by reminders on 9/3/2022 and 5/4/2022. Yet another reminder was issued on 18/4/2022. Despite all these reminders, the JMFC neither forwarded the records nor did she issue the certified copies of the Judgments and Orders dtd. 5/3/2021.

11. On 13/6/2022, the Appeal Cou