SADASHIV ALIAS KESHAV SATHE Vs. GADRE CONSTRUCTION

JUDGEMENT

(1.) HEARD Mr. Shirodkar, learned counsel for the applicant, Mr. Dube learned Counsel for respondent Nos.1 to 3 and Mr. Nikam, learned A.P.P.for the State. Perused the copies of relevant record.

(2.) BY this application, the applicant seeks special leave to prefer appeal against the order of acquittal in the complaint under section 138 of Negotiable Instruments Act filed by the applicant/complainant.

(3.) AFTER hearing the learned Counsel for the applicant at length, as well as learned Counsel for the respondents and after perusal of the relevant record, I find that there was civil dispute between the parties about the compliance of their respective obligations under the contract dated 1/7/1994. As per the terms of the contract three cheques for total amount of Rs. 2,55,000/- issued by respondents in favour of the applicant were encashed and there was no difficulty. However it appears that the applicant had failed to provide one room accommodation to the respondents and also had failed to file affidavit, as well as bond of indemnity in favour of the respondents due to which they could not proceed with the development. It appears that the applicant also filed suit for specific performance of the agreement. During the trial it was specifically put to the complainant in the cross-examination whether he was still willing to execute the affidavit and indemnity bond as per the terms of the contract but he refused. A specific offer was made to him that if he is wiling to execute the documents and to comply with certain terms of the contract, the respondents were willing to make the payment of the cheque but the complainant refused to comply the terms. It appears that due to failure of the complainant to fulfil his own obligations under the contract, the respondents were compelled to stop the payment of the cheque. In view of these circumstances, the learned trial Court was right in holding that the offence under section 138 of Negotiable Instruments Act was not committed. I find no substance or merit to grant leave to prefer an appeal.