BRITTO N.A., J.: - This is complainants appeal against the acquittal of the accused under section 138 of the Negotiable Instruments Act, 1881, (Act for short), by Order dated 31-3-2005 of the learned Chief Judicial Magistrate, Margao.

2. The undisputed facts are as follows: There were two agreements between the complainant and the Accused who is the proprietor of a concern known as M/s. Cabral and Company. The first agreement was dated 30-12-1999 and was styled as an Agreement of Sale. This agreement was entered into between M/s. Williams Beach Retreat Private Ltd., of which the complainant is the Managing Director on one hand, and the accused and his wife on the other hand. By the said agreement, the accused and his wife agreed to purchase a hotel complex known as William Resorts for a sum of Rs. 3,30,00,000/-, out of which Rs. 25,00,000/- were paid and the balance of Rs. 57,67,873/- was payable and was to be paid as indicated in Para 4 of the agreement by the end of January, 2001. Another agreement dated 1-10-2001, came to be executed between the complainant and the Accused and this agreement was styled as Agreement of Settlement of Accounts. As per this agreement, seven cheques w

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