KAI-TECH CONSTRUCTIONS PVT LTD Vs. DURGA TILES REPRESENTED HEREIN BY ITS PARTNER SHRI SANTOBARAO DESSAI

JUDGEMENT

(1.) ADMIT. By consent heard forthwith.

(2.) THIS revision application is filed by the accused whose conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 has been upheld by the learned Additional Sessions Judge, Panaji, by his Order dated 16-9-2006.

(3.) THERE is no dispute that the firm M/s Durga Tiles had supplied bricks to the accused and had issued three cheques towards the payment of the said bricks and when the said cheques were presented for collection, the same were returned unpaid with endorsement �1/2stopped payment�1/2 and upon notice having been issued to the accused calling upon him to pay the sum of Rs.2,38,000/-, which notice the accused received on 16-9-2003 the accused made a payment of Rs.1,00,000/- due on two of the cheques, out of three, in the sum of Rs.50,000/- each but failed to pay the balance amount of Rs.1,38,000/- and therefore the respondent M/s. Durga Tiles, represented by its partner the said Santobarao Desai filed the complaint on 27-10-2003.