PRABHAKAR D NAIK Vs. JERRY S VIEGAS

JUDGEMENT

(1.) BY consent of parties, this revision is being disposed of finally at the stage of admission.

(2.) THE applicant in this revision is the original accused in Criminal Case No. 179/n/1997/d which was filed in the Court of Judicial Magistrate First Class at Margao by the present respondent No. 1, for an offence punishable under section 138 of the Negotiable Instruments Act, 1881. The complaint had been filed by respondent No. 1 on the ground that from time to time, he had given to the present applicant a loan totalling Rs. 11,20,000-00 (Rupees Eleven Lakhs Twenty Thousand only) and the present applicant towards the discharge of his liability to pay the aforesaid amount of loan had issued him seven cheques drawn on two banks. On presentation of the said cheques, the cheques were returned back unpaid to the respondent No. 1 because of insufficiency of funds.

(3.) THE learned Judicial Magistrate First Class, Margao, explained the particulars of the offence to which the present respondent No. 1 pleaded not guilty and claimed to be tried. During the trial, the applicant examined himself in support of his case. The applicant/original accused examined himself and two other defence witnesses. The defence of the applicant/original accused was that the respondent No. 1 had represented that he was dealing with petroleum business in which there was huge profits. The respondent No. 1 had requested the applicant to sign the cheques, which were blank and without date and amount for the business of respondent No. 1. The applicant had stated that he had not received any loan from respondent No. 1 and had obtained the said cheques from the applicant when the applicant was in an intoxicated condition after having consumed alcohol.