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BOMBAY HIGH COURT - BENCH AT GOA
N. A. BRITTO, J
Mr. Joaquim Borges – Appellant
Versus
Mr. Joao Manuel Silva – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Jose Filipe Melo

ORAL ORDER

Heard Mr. J. F. Melo, the learned Counsel on behalf of the applicant/complainant. The complainant has sought leave to appeal against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short). There is no dispute that as stated by the complainant the complainant had advanced a sum of Rs.4,00,000/- on 20-9-2000 to the accused which the accused had agreed to pay with 10% interest. The said loan was advanced against a Demand Promissory Note. The accused issued four cheques in the sum of Rs.50,000/- each on 4-11-2004 which came to be dishonoured and upon the service of statutory notice, the complainant filed the complaint and the accused came to be acquitted under Section 138 of the Act vide Judgment dated 30-8-2006. The acquittal of the accused is based on a Judgment of this Court in the case of Narendra V. Kanekar v. Bardez Taluka Co-operative Housing Mortgage Society Ltd. and others (2006(2) Goa L.R. 13). The learned trial Court has held that the said four cheques were issued after the expiry of three years from the date the loan was given and they had ceased to be a management under Section 18 of the Indian Limitation Act, 1963

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