KIRTANSINGH Vs. SANTOSH MATA MERCHANT CREDIT SOCIETY

JUDGEMENT

(1.) Heard. Rule, returnable forthwith. By consent of the learned Counsel, heard finally.

(2.) The revision applicant has questioned conviction recorded in terms of Section 138 of Negotiable Instruments Act by the learned Judicial Magistrate, First Class, Bhusaval, dated 31.1.2007, directing the revision applicant accused to pay compensation of Rs. 2,00,000/- (Rs. two lacs) to the complainant within one month from the date of the order under Section 357(3) of Cr.P.C., in default, further directing the accused to undergo simple imprisonment for three months. The matter was carried in appeal No. 17/2007. Learned Sessions Judge, Jalgaon, confirmed the compensation of Rs. 2,00,000/- (Rs. two lacs) payable to the complainant, however, directed the revision applicant to undergo sentence of one month simple imprisonment. Both the orders are questioned.

(3.) The revision applicant canvassed, there was failure of appreciation of the evidence by the learned Judicial Magistrate, First Class. The evidence of PW No. 1, was illustrative and PW No. 1 was unable to quote personal loan account for which the cheque in question was issued. The learned Judge has also failed to appreciate, the debenture bond was not produced along with the mortgage deed, personal loan account of the accused.