P.V. CONSTRUCTIONS Vs. K.J. AUGUSTY

JUDGEMENT

(1.) THIS is complainant's appeal by special leave, against the acquittal of the accused, under S. 138 of the Negotiable Instruments Act, 1881.

(2.) THE parties hereto are being referred to in their names as they appear in the cause title of the complaint.

(3.) THE case of the complainant was that the complainant was undertaking execution of civil works directly or under other contractors and the complainant executed some works for the accused who is also a civil contractor towards which the accused owed to the complainant an amount of Rs. 84,775/-. As per the complainant, through the intervention of mutual friends namely, (1) Mr. Balagopalan, Contractor, (2) Shri Caetano Colaco, Contrac tor, (3) Shri Luis, Contractor and (4) Joaquim Lobo, Junior Engineers in the office of the Works Division XIII, P.W.D., Mapusa, it was agreed between the accused and the complainant that the accused would pay a sum of Rs. 81,000/- in full and final settlement and accordingly the accused issued two cheques in favour of the complainant, one for Rs. 40,000/-, post dated 25-3-2002 and the other for Rs. 41,000/-, also post dated 25-4-2002 in the presence of S/Shri Balagopalan, Luis and Justin.