EVAN NORONHA Vs. LLOYD JOSEPH SIQUEIRA

JUDGEMENT

(1.) This is complainant s appeal and is filed against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by Judgment dated 15-1-2008 of the learned J.M.F.C., Margao. By consent heard forthwith.

(2.) The case of the complainant, in brief, was that at the request of the accused the complainant on 2-1-2002 advanced to the accused a sum of Rs. 5,00,000/- against a hundi of the same date and towards the repayment of the said loan, the accused issued a cheque bearing No. 468393 dated 7-5-2002 which cheque, admittedly, when presented for collection bounced and the complainant having sent a notice, the same was not replied to nor complied with, and as such the complaint was filed and the complainant examined himself in support of his complaint.

(3.) On the other hand, it was the case of the accused, that he had not received any money from the complainant and that he came to know the complainant only on 2-1-2002 when he was introduced to the accused by one Raison Almeida. It was also the case of the accused that the said Raison Almeida and the complainant forced him to sign some hundis and notarized the same for an illegal purpose of the said complainant and Raison Almeida. In support of his plea, the accused examined himself and the Bank Manager of Central Bank, the Notary before whom the hundi was executed, and two Police Officers who investigated the matter as regards the allegation that the said hundis and/or the cheque were executed under threat. P.S.I. Prabhudessai/DW5 found that there was no threat given to the accused.