ANIL ACHARMAL THAKUR Vs. MANISH PUNDLIKRAO SATHE

JUDGEMENT

(1.) Heard.

(2.) In this revision application, challenge is to the judgment and order dtd. 8/6/2017 passed by the learned Additional Sessions Judge-3, Amravati, whereby the learned Additional Sessions Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate, First Class, Court No.3, Amravati for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I.Act"). Learned Judicial Magistrate First Class, Court No.3, Amravati on conviction had sentenced the accused to suffer rigorous imprisonment for one month and to pay compensation of Rs.30,000.00 to the complainant.

(3.) The non-applicant is the original complainant. It is the case of the complainant that he had cordial relations with the accused. The accused demanded Rs.28,000.00 from him. The complainant paid the said amount to the accused. The accused issued a cheque bearing No.024257 of Rs.28,000.00 drawn on his account maintained with U.T.I. Bank Limited. On presentation, the cheque was dishonoured for the reason "account closed". The complainant issued notice dtd. 15/12/2008 to the accused. Despite receipt of the notice, the accused neither paid the amount nor replied the said notice.