SHIVAJI MAHIPATI TANUGADE Vs. BABASAHEB MAHADEO ALIAS MADHAVRAO

JUDGEMENT

(1.) THE appellant is the original complainant in Regular Criminal Case No.155/1991, which was tried in the court of the 7th Joint Judicial Magistrate First Class, Kolhapur at Kolhapur. Respondent 1 is the original accused. He was tried for the offences punishable under Section 138 of the Negotiable Instruments Act and under Section 420 of the Indian Penal Code. For the sake of convenience I shall refer the appellant as "the complainant" and the 1st respondent as "the accused".

(2.) THE case of the complainant as disclosed in the complaint and in his evidence is that he is the permanent resident of village Padali Khurd. He is an agriculturist. The accused is working in the Social Welfare Department. The accused and the complainant were friends.

(3.) IT is the case of the complainant that the accused did not repay the said amount within a month as promised though several demands were made by him. At last on 27/10/90 the complainant went to the house of the accused in the morning and insisted upon the repayment of the said money. At that time the accused gave him a cheque drawn on the State Bank of India, Gargoti Branch, bearing No.A/29-808515 in the sum of Rs.7000.00. The said cheque was drawn in favour of the complainant. The complainant presented the said cheque to the Kolhapur Urban Co-operative Bank, Head Office, Kolhapur in October 1990 and thereafter on 7/11/90 and again on 7/12/90. However, on all these occasions as there was no sufficient balance in the account of the accused, the cheque was dishonoured. The complainant then issued notice to the accused dated 20/12/90 by registered post through his advocate. The accused received the notice on 21/12/90, however, the accused did not repay the amount. The complainant, therefore, filed the instant complaint praying that the accused be punished in accordance with law.