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2007 Supreme(Bom) 1273

N.A.BRITTO
Bimal Singh Kothari – Appellant
Versus
State of Goa – Respondent


Advocates appeared
Mr. BENNY JOSEPH, Advocate for the Petitioner.
Ms. WINNIE COUTINHO, Public Prosecutor for the State/Respondent No.1.
Mr. M. B. DA COSTA, Senior Advocate with Mr. J. A. LOBO, Advocate for the Respondent No.2.

JUDGMENT :.

Heard learned Counsel on behalf of both parties.

2. Admit. By consent, heard forthwith.

3. In this petition, the Petitioner who is an accused in C. C. No.271/0A/05/B, under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) assails the order of the learned Sessions Judge, Panaji upholding the order of issuing process against him by the learned J.M.F.E. for the said offence.

4. The Complainant had prosecuted the accused with the allegation that the Complainant had filed a Criminal Case bearing No.200 of 2000 before the learned J.M.F.E. in Miraj in the State of Maharashtra against the accused and three others and the said case was settled thereafter and the accused along with the said three other persons had handed over six post-dated cheques in favour of the Complainant for a sum of Rs.1,50,000/- each pursuant to which the said Complainant withdrew the said case and the cheque in question dated 31-12-2004 for Rs.l,50,000/drawn on ABN AMRO Bank, Mumbai, was presented by the Complainant for payment on Indus Ind Bank at Panaji in the State of Go a but the said cheque was dishonoured and returned unpaid with an endorsement "Cheque stop" and therefore the Compl











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