H ANANDA Vs. STELLA ANNEXTETIA DSILVA

JUDGEMENT

(1.) THE learned trial Judge has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred as 'complainant') is before this court.

(2.) I have heard learned counsel for complainant and learned counsel for accused.

(3.) IT is established from evidence on record that complainant and accused had entered into an agreement of sale dated 04.02.1998, wherein complainant has agreed to transfer a flat in favour of accused for total consideration of Rs.7,80,000/ -. On the date of agreement of sale dated 04.02.1998, accused had paid a sum of Rs.5,00,000/ - to complainant. It was agreed between parties, after discharge of obligations of agreement entered into between parties on 04.02.1998 and registration of sale deed, complainant has to encash the cheque. The complainant has failed to discharge his obligations under agreement of sale dated 04.02.1998, however, he presented the cheque which was dishonoured. The complainant had caused a legal notice for which accused had caused reply.