This appeal is directed against the appellate judgment of the learned Sessions Judge, South Goa, Margao whereby the learned Sessions Judged allowed the appeal filed by the respondent and set aside the conviction and sentence imposed upon the respondent herein by the learned Judicial Magistrate, First Class, Canacona.

2. The appellant entered into an agreement of sale to sell 30625 sq. mtrs, property at the rate of Rs.90/- per sq. mtr. for total consideration of Rs.27,56,250/- to the respondent/original accused. There is no dispute that on 10.11.1995 an agreement to this effect was executed by the parties. Apart from appellant, there are other owners of the property who have signed the agreement simultaneously. The appellant had executed a power of attorney in favour of the respondent on the same day. Under the agreement, the respondent had paid a sum of Rs.2,00,000/- at the time of the execution of the agreement and was to pay a further sum of Rs.10,00,000/- within a period of 3 months from the date of agreement. However, it is not in dispute that the respondent had paid Rs.7,90,000/- against Rs.10,00,000/- which was required to be paid leaving a balance of Rs.17,66,250/-