DILIP Vs. ARUN BHEEMARAO SHIVANE

JUDGEMENT

(1.) This criminal revision petition under Sec. 397 read with Sec. 401 of Cr.P.C. is against the order dated 30.04.2010 in Crl.A. No. 16/2009 on the file of III -Additional District and Sessions Judge, Belagavi.

(2.) The brief facts, which gave rise to this criminal revision petition are as under:

(3.) The accused having denied the accusations, the complainant led his evidence and produced necessary documents. The defence of the accused was no existence of liability by the accused in favour of the complainant for the discharge of which the cheque was issued. The learned Magistrate upon hearing the arguments and upon consideration of the materials on record, by judgment dated 04.02.2009 convicted the accused in Criminal Case No. 558/2007 for the offence punishable under Sec. 138 of N.I. Act and sentenced him to pay fine of Rs. 2,000/ - in default to undergo imprisonment for a period of one month. The learned Magistrate also directed the accused to pay a sum of Rs. 55,000/ - to the complainant by way of compensation.