SHRIKANT B BANDODKAR Vs. RAMA SHISH SHAHA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and as well as the learned counsel for respondent regarding admission. At the stage of admission itself both the counsels are ready to submit arguments on merits with regard to admission of the case. Hence, the case is taken up and heard.

(2.) IT is seen from the judgments of the trial Court and appellate Court, that the complainant by name Ramashish Shaha (hereinafter called as complainant) lodged a complaint against the respondent (hereinafter called as accused) that the accused is a good friend of the complainant, in this context, it is alleged that, when the accused was in need of money, he requested the complainant to advance loan of Rs.50,000/ - and the complainant had accordingly gave the same on the assurance that the same will be repaid within 6 months. After some time, on demand, the accused issued a cheque bearing No.542920, dated 15.04.2008 drawn at Maratha Co -Operative Bank, Main Branch Belgaum for a sum of Rs.50,000/ -. On presentation of the cheque on 10.07.2008, the same came to be dishonored on the ground of "insufficient funds". The complainant had issued a notice as per the requirement under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act' for short) on 23.07.2008. The accused did not reply the same. Within the specified time as contemplated under the Act, a complaint came to be lodged before the trial Court that is J.M.F.C. -IV, Belgaum. After recording the plea of the accused, the trial Court proceeded with the trial. The complainant examined himself as PW -1 and got marked exhibits at P - 1 to P -5. The accused in spite of several opportunities, he did not enter into the witness box and led any evidence. After hearing both the parties, the trial Court has come to the conclusion that complainant has proved his case against the accused beyond reasonable doubt and as such recorded a judgment of conviction by sentencing the accused to pay a fine of Rs.50,000/ - in default simple imprisonment for six months and also awarded an amount of Rs.48,000/ - as compensation to the complainant under Section 357 of Cr.P.C.

(3.) THIS judgment was called in question in Crl.A.No.117/2012 on the file of Fast Track Court -VI, Belgaum. After hearing both the parties, the appellate Court also vide its order dated 24.09.2012 dismissed the appeal confirming the judgment of conviction and sentence passed by the trial Court. Against which order, the present revision petition is filed.