HASMUKH S DHRUV Vs. MANIKRAO

JUDGEMENT

(1.) Heard.

(2.) In this revision application, challenge is to the judgment and order dtd. 4/1/2019, passed by the learned Additional Sessions Judge, Akola, whereby the learned Sessions Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Akola for the offence punishable under Sec. 138 of the Negotiable Instrument Act, 1881 (For short 'the N. I. Act'). Learned Magistrate on conviction had sentenced the applicant/ accused to pay fine of Rs.95,000.00 and in default of payment of fine to suffer simple imprisonment for three months.

(3.) The facts are as follows: In this judgment, the parties would be referred by their nomenclature in the complaint. The applicant is the accused and the non-applicant No.1 is the complainant. It is the case of the complainant that on account of his cordial relations with the accused he gave hand loan of Rs.60,000.00 to the accused. The accused, at that time, issued a cheque bearing No. 506362 dtd. 10/7/2009 of Rs.60,000.00 drawn on his account maintained with Bank of Baroda, Branch Akola. Despite demand the accused did not repay the loan amount. Complainant, therefore, presented the cheque for encashment. The complainant received the intimation from his banker that the cheque was dishonored on the ground of insufficient funds in the account of accused. The complainant, therefore, issued the notice dtd. 31/12/2009 through his Advocate. The notice was duly served to the accused. The accused neither paid the cheque amount nor replied the notice. Therefore, the Complaint was filed by the complainant. Learned Magistrate took the cognizance of an offence under Sec. 138 of the N. I. Act and issued the process.