ASHOK VISHNU MAHABAL Vs. GAJANAN SHANKAR PANSHIKAR

JUDGEMENT

(1.) Respondent No.1/Accused came to be acquitted in R.C.C. No.200 of 2008 vide judgment dated 08/02/2016. As such, this application for leave to appeal.

(2.) The case of the Applicant/Complainant is, Applicant and Respondent No.1 are teachers by profession. Respondent No.1 entered into an agreement of purchase of agricultural land of the Complainant for an agreed consideration of Rs 4,00,000/-, out of which Rs 25,000/- was paid in cash, whereas balance consideration of Rs 3,75,000/- was to be paid through cheque. Accordingly, cheque issued for the said amount was dishonoured, which has resulted into initiation of the complaint.

(3.) In the aforesaid background, submissions of the learned Counsel for the Applicant/Complainant are, even if suit for possession is dismissed, an appeal before the lower Appellate Court is pending adjudication in relation to the land in question. He would then urge that promise to pay Rs 3,75,000/- is based on receipts-Exhibits-67, 68 and 84 and that being so, the Magistrate committed an error of law in acquitting the Applicant. The learned Counsel has also relied on presumption under Section 118 and 139 of the Negotiable Instruments Act.