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2025 Supreme(Bom) 1000

IN THE HIGH COURT OF BOMBAY AT GOA
VALMIKI MENEZES
Conroy J.F. De Melo, Son of Adv. Fortunato De Melo – Appellant
Versus
Civilco Engineers & Associates – Respondent


Advocate Appeared:
For the Appellant :Mr. Charles Elton da Gloria F E, Advocate
For the Respondent:Mr. Gaurish Agni with Mr. Kishan Kavlekar, Mr. Madhav Cuncoliencar and Mr. Yash Naik, Advocates

JUDGMENT :

VALMIKI MENEZES, J.

1. Registry to waive office objections and register the matters.

2. Rule. Rule made returnable forthwith. With the consent of the parties, petitions are disposed of finally.

3. These two petitions impugn orders dated 06.12.2024 respectively, passed in Criminal Case Nos.OA/30/2020 and OA/925/2019 by the J.M.F.C., A-Court, Ponda. By the impugned orders, the J.M.F.C. has dismissed an application filed by the Petitioner, the original Accused in these proceedings, under Section 138 of the Negotiable Instruments Act and refused leave to the Accused to lead his evidence. The Respondent is the Complainant in both these complaints under Section 138 of the Negotiable Instruments Act. Criminal Case No. OA/30/2020 pertains to a cheque dated 17.10.2019 for an amount of Rs.5,00,000/- whilst Criminal Case No. OA/925/2019 pertains to a cheque dated 30.09.2019 for an amount of Rs.20,00,000/-. Both these cheques have been signed and executed by the Accused/Petitioner herein in favour of the Complainant/Respondent.

4. In both complaints, after the cheques were dishonoured, notices were issued to the Accused calling upon the Accused to pay the amounts under the cheque; Accuse

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