ANEET COUTINHO Vs. ROAQUE COUTINHO

JUDGEMENT

(1.) The appeal is filed against judgment and order of Criminal Appeal No.39/2010, which was pending before the Additional Sessions Judge, Panaji. The appeal was filed by the present respondent no.1 against the judgment and order of Criminal Case No.150/2002 which was pending in the Court of JMFC, Panaji. The private complaint was filed by the appellant for offence punishable under Section 420 of the Indian Penal Code. The learned JMFC, Panaji convicted the respondent no.1 and he was sentenced to suffer simple imprisonment for 7 months and to pay fine of Rs.2,000/-. Learned Additional Sessions judge has set aside this decision of conviction and sentence. Both the sides are heard.

(2.) There is allegation against the respondent that with the intention to cheat, he made an agreement with the complainant, appellant and he took the custody of a motor vehicle belonging to the complainant. It is contended that towards payment of consideration of amount of Rs.1.9 lac three cheques were given by the complainant. These cheques bounced. Complaint under Section 138 of the Negotiable Instruments Act was filed initially, but in that complaint the accused came to be acquitted as the cheques were drawn by his wife on her own account. Then the complaint for offence under Section 420 of Indian Penal Code came to be filed. It appears that Civil Suit for recovery of the aforesaid amount was also filed, but it came to be dismissed as the limitation period had expired.

(3.) The learned Counsel for the appellant placed reliance on the case in the case of Prakash Tarachand Sakhre V/s. Ashok Pundloikrao Wajge, 2002 AllMR(Cri) 154. She took this Court to para no.10 of the decision. This is all together on different point like passing of ownership in respect of movable property.