SANDRA FERNANDES Vs. VITHAL ALIAS ABA SATU NAIK

JUDGEMENT

(1.) This is Complainant s appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 10/02/2006 of the learned JMFC, Mapusa.

(2.) Some admitted facts need to be stated first to dispose of the present appeal. The Complainant and Shri Vithal S. Naik/A1 entered into an agreement for sale dated 25/03/1998. As per the said agreement, the Complainant along with her minor son, as vendors, agreed to sell a part of the property under Chalta No. 95 of P.T. Sheet No. 146, with house bearing No. 152/13 for a sum of Rs. 10 lacs. The property/house was agreed to be sold subject to the Complainant making out a clear title. A sum of Rs. 50,000/- was paid to the Complainant by cheque. Another sum of Rs. 5 lacs by way of cheque was also handed over to the Complainant and the balance of Rs. 4.5 lacs was to be paid at the time of the execution of the sale deed. The Complainant is stated to have put the said Vithal S. Naik/A1 in possession of the said property and whereupon he was required to pay electricity and water bills, etc. It was also stipulated that in case the Complainant failed to transfer the said house property, the Complainant would be entitled to refund the amount received from Vithal S. Naik/A1 with interest at the rate of 18%.

(3.) Thereafter, one Maria de Conceicao Angelina Fernandes e Gonsalves and another filed a civil suit against the Complainant and her minor son, bearing RCS No. 208/1998 and along with it, an application for temporary injunction. The Complainant also appears to have filed an application for temporary injunction and the learned Civil Judge by common order dated 15/01/2000 partly allowed both the applications and restrained the Complainant and her son/defendants from temporarily transferring or alienating by way of sale or otherwise the suit house and property. Both the parties approached this Court in Writ Petition No. 9/02 on 13/02/2003. The Complainant and her said son gave an undertaking that they would not transfer or alienate by way of sale the suit house and property till the decision of the suit.