JOSLYN DE SOUZA Vs. MARCUS DE SOUZA

JUDGEMENT

(1.) This is a Complainant's appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881, by judgment/order dated 28/11/2006 of the learned JMFC, Mapusa.

(2.) The case of the Complainant, in brief, is that the Complainant at the request of the accused had given a friendly loan of Rs. 3 lacs on various occasions and the accused in part payment of the said loan issued a cheque dated 15/02/2003 for Rs. 1,50,000/-, drawn on Centurion Bank, Panaji, Goa and when the said cheque was presented to HDFC Bank, Vasco-da-Gama, on 19/02/2003 it was dishonoured with endorsement "funds insufficient", whereupon the Complainant sent a lawyer's notice to the accused dated 28/02/2003, which was returned with endorsement "addressee refused, return to sender". In support of his case, the Complainant examined himself and so did the accused. The Complainant as well as the accused examined the Bank Manager of the Bank where the accused was holding an account. The Complainant examined him as PW2 and the accused examined him as DW2. The accused also examined DW3/George Costa, Manager of HDFC Bank, Vasco-da-Gama, where the Complainant had his account to prove the plea taken by him that the accused had received a sum of Rs. 20,000/- from the Complainant, by cheque on or about 10/05/2002.

(3.) The case of the accused was that the cheque was given to the Complainant for the purchase of a flat at Sancoale and as the accused was unable to purchase the said flat, the cheque had remained with the Complainant, as there was a condition of Goa Housing Board not to sell the flat for a period of 5 years.