XAVIER D SOUZA Vs. OSCAR D SOUZA

JUDGEMENT

(1.) HEARD Learned Counsels on behalf of both parties.

(2.) THIS is complainant's appeal and is directed against Judgment dated 10. 9. 2007 of the Learned Additional Sessions Judge, Panaji, acquitting the accused u/s. 138 of the Negotiable Instruments Act, 1881.

(3.) THE case of the complainant, in brief, was that the accused had issued to the complainant three cheques for a total sum of Rs. 5,00,000/- towards part payment of the amount of Rs. 11,00,000/-taken by the accused from the complainant for the purchase of flats, and, as the accused was unable to deliver the flats, the accused had given the said cheques to the complainant which were deposited by the complainant, only to be returned dishonoured, with endorsement of the bank that the funds were insufficient.