ARUNKUMAR Vs. CHINNUBHAI CHIMANLAL AND CO

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith and with the consent of the learned counsel for the petitioner and respondent No. 1 and learned A.P.P. for respondent No. 2, petition is taken up for final hearing.

(2.) By the present petition, filed under Article 227 of the Constitution of India, the petitioner has prayed for issuance of appropriate direction to quash and set aside the impugned order dated 9-6-2010, passed by the learned Ad hoc Additional Sessions Judge-2, Latur, in Criminal Miscellaneous Application No. 21 of 2010, below application Exh. 5, and also prayed for direction to deposit the amount of compensation of Rs. 1,17,314/- in the Court.

(3.) The petitioner is the original accused in complaint S.T.C.C. No. 649 of 2006, filed by present respondent No. 1 (original complainant) in the Court of Judicial Magistrate, First Class, Latur, on 24-2-2006, under section 138 of the Negotiable Instruments Act, 1881. The petitioner appeared therein after issuance of process and contested the said application, contending that the amount under the cheque in question was time barred and there was no legal enforceable debt and two cheques in question were issued towards the security of the amount and those were the blank cheques. However, after scrutinizing and appreciating the evidence on record, the learned Judicial Magistrate, First Class, 5th Court, Latur, came to the conclusion that the petitioner is guilty for the offence under section 138 of the Negotiable Instruments Act, 1981 and convicted him thereunder and sentenced him to suffer simple imprisonment for three months, as well as directed the petitioner to deposit the amount of Rs. 1,17,314/- towards the compensation, within the period of two months, payable to the complainant, failing which the petitioner was directed to suffer imprisonment for the period of six months, by way of judgment and order dated 5-5-2010.