Advocates:
['A D BHOBE', 'A NAIK', '', 'W COUTINHO', 'PP']

... 1 ...

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL APPEAL NO.57 OF 2006

Shri Shyamsundar Babu Naik Dessai,

major ina ge, business,

r/o House No.1236, Ponsulim,

Canacona, Goa.

... Appellant

v e r s u s

1.

Shri Baban Anant Naik,

s/o Anant Naik,

major in age, businessman,

r/o 'Anant Niwas'

Dr. Dada Vaidya Road,

Panaji, Goa.

2.

S T A T E

Through P.P.

... Respondents

Mr. A. D. Bhobe, Advocate for the Appellant.

Mr. A. Naik, Advocate for the Respondent no.1.

... 2 ...

CORAM: R. C. CHAVAN, J.

DATED: 21^st July, 2008.

ORAL JUDGMENT:

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