SUNIL Vs. RAISKHAN

JUDGEMENT

(1.) Heard Mr. Urgunde. Rule. With the consent of learned Counsel, Rule is made returnable and heard finally.

(2.) In STCC No. 1069/2007, the revision applicant was convicted for offense under Section 138 of Negotiable Instruments Act by learned Judicial Magistrate. First Class, Latur, on 2.5.2008, directing to undergo simple imprisonment for a period of six months and to pay compensation of Rs. 10,000/-. The matter was carried in appeal No. 33/2008, however, on 3.11.2009, the appeal was dismissed by learned Additional Sessions Judge, Latur, and hence revision.

(3.) The complainant Raiskhan came with a case that he was in acquaintance with the accused (revision applicant). On 7.7.2006, the accused approached him and made a demand of Rs. 70,000/- being business requirement. It was complied with since the accused had assured to release the payment within 4/5 days. Accused issued cheque No. 010868 for Rs. 70,000/- dated 12.7.2006 filled in by the accused, signed by him, in presence of the complainant. The complainant had demanded the amount, however, the accused did not comply. Consequently, on 11th Jan., 2007, when the accused informed that cheque can be presented, the complainant presented the cheque through his Banker Osmanabad Janata Cooperative Bank, Osmanabad, branch Ganjgolai, Latur, and on 12.1.2007, the cheque came to be dishonoured with an endorsement "funds insufficient". The notice was returned unserved with endorsement 'unclaimed', however, notice sent under certificate of Posting was accepted. There was no reply from the accused. Consequently, the complaint under Section 138 of Negotiable Instruments Act was filed.