LAXMIKANT D NAIK KARMALI Vs. SANTOSH V NAIK

JUDGEMENT

(1.) These are Complainant's appeals against the acquittal of the accused under Section 138 of the Negotiable Instrument Act, 1881, ('act' for short). There is no dispute that the accused had issued to the Complainant three blank cheques i. e. only signed by the accused with the remaining particulars unfilled by the Complainant. The details of the cheques are as follows: cheque No. 867020 dated 20. 04. 1999 for Rs. 50,000/ (In C. C. no. 175/n/99/a). Cheque No. 867021 dated 18. 02. 1999 for Rs. 80,000/ (In C. C. no. 131/n/99/e). Cheque No. 867022 dated 24. 02. 1999 for Rs. 60,000/ (In C. C. no. 130/n/99/e).

(2.) There is no dispute that the Complainant is a Civil Engineer and the accused is a Contractor. There is also no dispute that the accused had engaged the Complainant as his consultant to appear on his behalf in an Arbitration case which the accused had with Mormugoa Port Trust, in which one P. V. Kandolkar, was the Arbitrator. There is also no dispute that towards the said fees, the accused had paid a sum of Rs. 10,000/ to the Complainant as part payment. Although the accused also claimed that he had paid another Rs. 12,000/, this is disputed by the Complainant. There is also no dispute in the said arbitration proceedings, an Award was made in favour of the accused in the sum of Rs. 12,25,299/, which amount the accused received on 12. 01. 1999 and the Complainant himself had filed the said Award before the Court at Vasco da Gama, as admitted by the Complainant, in one of the cases.

(3.) The complainant filed three separate complaints bearing the aforesaid numbers: c. C. no. 130/n/99/e and C. C. no. 131/n/99/e were filed on 19. 04. 1999. C. C. no. 175/n/99/e, was filed on 20. 05. 1999.