JAGDISH G NAIK Vs. CHANDRAHAS AMIN

JUDGEMENT

(1.) THIS is a complainant s appeal and is directed against the acquittal of the accused, under Section 138 of the Negotiable Instruments Act, 1881, by judgment dated 5/05/2006.

(2.) DOCUMENTS produced by the complainant show that by application dated 21/04/1998 Hotel Goa International had sought permission of the Municipal Council for erecting a temporary structure for a function to be held on 28/04/1998 and later was a subject matter of show cause notice for demolition dated 6/12/1999 issued by that Council. This structure was also the subject matter of a memorandum of understanding between the complainant and the accused dated 12/06/2002. By the said memorandum of understanding the complainant handed over to the accused the restaurant premises with constructed dining shed and kitchen premises along with attached list of articles, more particularly, described in the attached sheet which included 3 deep freezes, 4 pedestal fans, grinders, etc. The said understanding recorded that the concern was handed over against 5 cheques bearing nos. 086576 to 086580, each for a sum of Rs.1 lac. The first two cheques were dated but the next 3 cheques were undated. The first cheque was honoured. The second cheque was taken back and the amount due thereon was paid in 3 instalments. The premises came to be demolished in the first week of November, 2002, as the owners of the Hotel Goa International, where they were situated, closed down the business run by the accused and evicted him therefrom.

(3.) WHEN the cheques were presented for payment all the said 3 cheques were returned dishonoured with a remark that the 'funds were insufficient' though by then the accused had already given instructions to stop the payment.