RICHARD PINTO Vs. FRANCIS FERNANDES

JUDGEMENT

(1.) THIS is an appeal filed by the complainant against the acquittal of the accused under Section 138 by judgment/order dated 31/07/2006 of the learned JMFC, Mapusa.

(2.) HEARD learned Counsel on behalf of both parties.

(3.) THERE is no dispute that the complainant and the accused were close friends and used to consume liquor from morning till night. In a crossexamination of a complainant it was suggested to him that the complainant having torn the second cheque, a third cheque was issued to him bearing no. 427189 and the complainant replied stating that he did not remember about the same. It was specifically suggested again to the complainant that Rs. 25,000/- was paid to the complainant by said cheque no. 427189, a suggestion which the complainant denied. Apart from putting the said suggestion, the accused had stated in his statement under Section 313, Cr.P.C. that the amount of Rs. 25,000/- was paid by the accused to the complainant vide cheque no. 427189 on 10/10/2004 and in support of the said statement the complainant had also produced a copy of his passbook which clearly showed that by the said cheque the complainant had received the said sum of Rs. 25,000/- on or about 10/10/2004.