2025:BHC-GOA:1569 Suzana IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPEALS NO.24, 25, 26, 27, 28, 29, 30, 31 AND 32 OF 2016 M/s. Lawande Sons, a partnership firm registered under the Indian Partnership Act and having its office at Lobo Building, Next to Sher-e- Punjab, 18th June Road, Panaji, Goa – 403001; represented herein by its partner Mr. Gaurish V. P. Lawande, son of Mr. Vinayak R. P. Lawande, aged 43 years, married, businessman, residing at House No.370/1, 'Savitri Niwas', Next to Kamat Hospital, D. B. Road, Miramar, Panaji, Goa –403001 .

... Appellants Versus Mr. Ravi Kiran Shrikant Jadhav, sole proprietor of M/s. VEG BABA, major, married, businessman, resident of 'Shripushpa', Wikaswadi, At Post – Kherdi, Taluka -

Chiplun, District – Ratnagiri, State of Maharashtra – 415604. ... Respondent Mr Parag Rao, Advocate with Ms. Sowmya Drago, Advocate for the Appellants.

Mr Raviraj Chodankar, Advocate for the Respondent.

CORAM: BHARATI DANGRE, J.

Reserved on : 1st August, 2025.

Pronounced on: 8th August, 2025.

JUDGMENT:

1. The nine Appeals filed by M/s. Lawande Sons, call in question the common judgment dated 22.04.2015 passed by the Special Magistrate, First Class, Panaji in the nine complaints involving nine cheques issued by the accused being dishonoured and the judgment has acquitted the accused under Section 138 of the Negotiable Instruments Act, 1881.

On 10.06.2016, this Court granted leave to appeal by allowing the applications filed in the appeal and all the appeals came to be admitted with direction to the Magistrate to take action under Section 390 of Code of Criminal Procedure, 1973.

2. The appeals came up for hearing and I have heard learned Counsel, Shri Parag Rao along with Ms Sowmya Drago for the Appellant and Mr Raviraj Chodankar, learned Counsel representing the Respondent.

The Appeals raise a challenge to the impugned judgment revolving around the Lease Deed executed between the Appellant, a partnership firm, which is the owner of premises known as Vaglo Vision, situated on the ground floor at 18^th June Road, Panaji-Goa. The accused/Respondent, Mr Ravi Kiran Shrikant Jadhav, being a businessman involved in running of restaurants, since expressed interest in leasing out the premises for running of a restaurant, a Deed of Lease came to be executed on 03.11.2008 between M/s. Lawande Sons and Ravi Kiran Shrikant Jadhav, referring them as Lessors and Lessee respectively, it record that the Lessors are the owners of the various shops Vaglo Vision with distinct numbers and areas set out in the Lease Deed described with its distinct location approved by PDA.

The Deed further record that the lessor used to run a business of pure vegetarian restaurant in the shops and continue to have in the said shops all the items, fixtures, furniture, kitchen equipments, required to run a restaurant as mentioned in Schedule III and the said shops along with the items mentioned in Schedule III along with the sump, gas bank and the over·head tanks, is hereinafter termed as the 'leased premises'.

The Lessee approached the Lessor to lease out the premises and the lessor agreed to let out the said premises to the Lessee in consideration of rent reserved and the Lessee's covenant and the conditions to be observed and performed by him as set out in the Deed of Lease. As a necessary covenant, it was agreed that the Lessor lease to the Lessee all the leased premises with the items described in Schedule III, situated in Shops bearing No.4, 5 and 6 shown in the plan along with sump, with a storage capacity of 10,000 litres and a Gas Bank in the open space along with the two 5000 litres sintex tanks, mounted on the terrace of the said building, to run a pure vegetarian restaurant for a fixed term of six years; with effect from 03/11/2008 till 02/11/2014 at a monthly rent of Rs.1,30,000/- (Rupees One lakh thirty thousand only), subject to an increment of 10% per annum, for running a Pure Vegetarian Restaurant under the name and style of "Veg Baba". The L