SHRIKANT Vs. DAIVADNYA CO-OPERATIVE CREDIT SOCIETY LTD.

JUDGEMENT

(1.) This revision petition filed by the petitioner/accused under Sec. 397 read with Sec. 401 of Cr.P.C for setting aside the judgment of conviction and sentence passed by the J.M.F.C, Ankola (hereinafter referred to as 'the trial Court', for short) in Criminal Case No.756/2004 dtd. 28/4/2007 and the same was upheld by the Sessions Judge, Fast Track Court-II, Uttara Kannada, Karwar (hereinafter referred to as 'the first Appellate Court', for short), in Criminal Appeal No.85/2007 dtd. 16/8/2011.

(2.) Heard the arguments of learned counsel Sri M.B.Gundawade, appearing for petitioner/accused. Respondent/ complainant served, remained un-represented. The rankings of the parties before the trial Court are retained for the purpose of brevity.

(3.) The factual matrix of the case of prosecution is that, the accused approached the complainant-Society and borrowed loan of Rs.10,000.00 on 16/2/2002 and he has repaid only a meager amount, but he was due of Rs.7,449.00 and he was default in repayment of loan, for that, he has issued a cheque in question bearing No.821185, dtd. 10/4/2004 for Rs.7,449.00 drawn on Syndicate Bank, Branch-Ankola. When the said cheque was presented for encashment, it was dishonored with an endorsement "Insufficient Funds". Thereafter, complainant-Society got issued a legal notice dtd. 15/4/2004 to the accused. He has not claimed and not repaid any amount. Hence, complaint under Sec. 200 of Cr.P.C. filed by the complainant before the trial Court.