JOHN SEBASTIAN DIAS Vs. B ABDUL KADAR

JUDGEMENT

(1.) HEARD.

(2.) BY consent and for convenience, both these appeals are being disposed off by this common Judgment.

(3.) THE undisputed facts are that the complainant and the accused are both contractors and come from the same village of Valpoi. The cheques were duly signed by the accused and were given to the complainant. The complainant presented the said cheques for payment but were dishonoured for insufficient funds. The complainant issued notices dated 28-5-2004 demanding the payment. The notices were replied to by the accused by reply dated 9-6-2004. The accused in the reply admitted having taken from the complainant a sum of Rs.4,50,000/- when required. The complainant was given five blank cheques which includes two subject cheques and one bearing No.84527 and two more cheques. The accused had further stated in the reply that the complainant had obtained the signature of the accused on a blank paper as well as on one stamp paper. The accused had stated that he had made a payment of Rs.1,20,000/- by cash to the complainant on 18-9-2003 and Rs.1,03,323/- on 10-12-2003 at the complainant's residence, and the accused owed the complainant only a sum of Rs.2,26,677/-. In other words, the accused admitted having borrowed Rs.45,00,000/- and admitted his liability to pay the balance of Rs.2,26,677/-.