SHRI BARKAT ALI Vs. SHRI RAMKRISHNA S. NAIK

JUDGEMENT

(1.) The applicant herein is the Accused who has been convicted and sentenced under Sec. 138 of the Negotiable Instruments Act, 1881 (Act, for short) by the learned J.M.F.C., Ponda and whose conviction and sentence has been maintained in Criminal Appeal No.44/2005 filed by the Accused.

(2.) In this revision, the Accused questions the legality of the said conviction and sentence.

(3.) The case of the Complainant was that the Accused had issued a cheque to the Complainant drawn on Saraswat Co-operative Bank Limited, Ponda, dated 2.8.2003 for Rs.2,90,000.00 and when the Complainant deposited the said cheque with Goa Urban Co-operative Bank Limited, Ponda, the same was returned unpaid with a remark that the funds were insufficient by memo dated 4.8.2003 and, therefore, the Complainant issued a notice dated 6.8.2003 calling upon the Accused to pay to him the said sum of Rs.2,90,000/within fifteen days, which notice the Accused received on 13.8.2003 but failed to comply with the same.