1. Sitakant Govind Bhobe, the petitioner herein was accused of having committed an offence under Section 420 of the Indian penal Code. The case of the original complainant, who is the first respondent before me is that the accused gave a contract for construction of a road to the complainant; after the road was constructed the accused was avoiding the settlement of accounts; eventually accounts were settled in May 23, 1972 and it was found that the accused had to pay to the complainant a sum of Rs. 2370.94; the accused gave on the same day a cheque on the Central Bank of India for the amount due to the complainant and the complainant passed a receipt for the payment of the amount; the cheque was dishonoured; the complainant therefore filed a complaint before the Judicial Magistrate, First Class, Mapusa under Section 420 of the I.P.C. The case of the defence was that the complainant presented him with false accounts and made the accused part with Rs. 87.80 in excess of the amount due. According to the accused, the complainant did not deduct from the amount due by the accused to the complainant the amount that the complainant owed to the accused because of penalty for delaye