RAVIKANT C BORKAR Vs. GOKULDAS RAMCHANDRA NAIK

JUDGEMENT

(1.) THIS is complainant's appeal against the acquittal of the accused under section 138 of the Negotiable Instruments Act, 188, by Order dated 31 -3-2005 of the learned C. J. M. ,. Margao.

(2.) THE case of the complainant was that by an agrcernent-cum-rcceipt dated 23-2-2001 the accused along with his wife had agreed to sell a flat of the building situated at Murida in Chalta No. 18 of P. T. Sheet no. 78 of City Survey of Margao Town for a price of Rs. 3,00,000/- and pursuant to the said agreement the complainant had paid a sum of Rs. 50. 000/- on 22-3-2001 as earnest money. The complainant produced the said receipt at Kxh. C-16.

(3.) IT was also the case of the complainant that the accused expressed his inability to transfer the said flat in the name of the complainant and therefore agreed to return the earnest money with interest which the complainant did by issuing a cheque dated 25-8-2001 for Rs. 58,750/-vvhich when presented for payment was returned dishonoured for insufficiency of funds by the Hank's advice dated 28-8-2001 and after the accused was informed by the complainant that he had no alternative but to file a case, the accused took the said cheque back and issued two cheques in the sum of Rs. 25,000/- each drawn on Goa state Co Operative Bank Limited. This case pertains to cheque No. 477940 dated 16 7-2003. It is staled that the case pertaining to cheque No. 477939 dated 16-6-2002 is still pending.