KRISHNA Vs. GUJRATHI URBAN CO-OP. SOCIETY

JUDGEMENT

(1.) This revision is directed against the conviction of the applicant of an offence punishable under Section 138 of the Negotiable Instruments Act, recorded by the Judicial Magistrate, First Class, Jalgaon and the sentence imposed upon the applicant by him. The applicant had challenged the order of his conviction and sentence by filing an appeal before the Court of Sessions, Jalgaon. The learned Additional Sessions Judge, Jalgaon, who heard the appeal, found nothing wrong in the order passed by the trial Court and dismissed the appeal. The learned Magistrate sentenced the applicant to suffer simple imprisonment for five months and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for 10 days. The Magistrate also directed the applicant to pay a sum of Rs. 7,000/- to the respondent No. 1 herein i.e. the original complainant as and by way of compensation. I have heard the learned counsel for the applicant. None appears for the respondent No. 1, when the matter is called out. I have also heard the learned A.P.P. for Respondent No. 2 State of Maharashtra.

(2.) The learned counsel for the applicant submitted that since there is a concurrent finding of facts, he does not intend to challenge the same in the present revision proceedings. He further submitted that there were talks of settlement between the applicant and the representative of the respondent No. 1, but they did not materialise. He, however, submitted that the sentence imposed upon the applicant was rather harsh, and that, a lenient view with respect to the sentence be taken.

(3.) I find that the respondent No. 1 is a Co-operative society and had advanced a loan of Rs. 1,27,000/- to the applicant. In discharge of the liability towards the repayment of the said loan, the applicant had issued a cheque in the sum of Rs. 1,50,950/-.