PREMKUMAR Vs. KISHOR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith heard finally with the consent of the respective parties.

(2.) The applicant/accused impugned the Judgment and order of the learned Judicial Magistrate F.C. Court No.2 Ambad, passed in Summary Trial Case No. 285 of 2009 dtd. 1/7/2015 and Judgments and order of the learned Additional Sessions Judge-1 Jalna in Criminal Appeal No. 59 of 2015 dtd. 14/6/2019 and in Criminal Appeal No. 62 of 2015 dtd. 14/6/2019.

(3.) The brief facts of the case were that the complainant had filed a complaint under Sec. 138 of the Negotiable Instruments Act against the accused/ present applicant. The complainant has a case in which the present applicant had issued a cheque in question towards the discharge of legally enforceable debt. However, it was returned for want of money insufficient funds in the accused/applicant's account. The complainant made acquaintance with the accused through his brother-in-law, and became friends. In the year 2008, the accused asked the complainant to pay a hand loan of Rs.7,00,000.00 for four months. Out of the friendship, he paid Rs.7,00,000.00 and against that, the cheque in dispute was issued. However, the cheque was dishonoured, and a complaint was filed.