BHAGWAN Vs. SURESH

JUDGEMENT

(1.) By way of this Revision the accused in STC No. 3238 of 2006 who was sentenced to suffer simple imprisonment for six months and to pay a fine of Rupees Two Thousand in default to suffer simple imprisonment for one month for the offence punishable under Sec. 138 of the Negotiable Instruments Act as well as directing him to pay to the respondent/complainant an amount of Rs.4,25,000.00 under Sub- Sec. 3 of Sec. 357 of the Code of Criminal Procedure and which sentence has been confirmed by the Ad-hoc Additional Sessions Judge 2, Latur by dismissing his Criminal Appeal No.75 of 2008 by the judgment and order dtd. 2/1/2010 has approached this Court under Sec. 397 of the Code of Criminal Procedure. For the sake of convenience the parties are herein after referred to by their status in the original proceeding.

(2.) The case of the complainant is to the effect that while he was taking education in medicine at Beed the accused was a faculty member in the year 1990 and in that capacity they were acquainted with one another. During the course they had parted ways. After passage of time in the year 2001 when the accused was Deputy Director in the Health Department and was proceeding to Nanded they got to meet each other at Ahmedpur renewing their acquaintance. In the year 2003 the Anti Corruption Bureau effected a raid on the house of the accused while his daughters and son were taking education. The accused then needed money during the period 2003 to 2005. On his request the complainant from time to time paid him sums which totally amounted to Rs.4,00,000.00 as a hand loan.

(3.) The complainant then alleged that in the year 2005 when he came to know that financial position of the accused had gotten better he demanded the money back. Accordingly accused issued two cheques bearing nos. 398051 and 398052 dtd. 5/6/2006 drawn on Marathwada Gramin Bank, Branch Ahmedpur. When the complainant presented the cheques for encashment through his banker, the cheques were dishonoured on 22/6/2006 and 16/6/2006 with an endorsement of the bank that the funds were insufficient. Accordingly, he issued a legal notice on 28/6/2006 through his advocate by a registered post A.D. as well as certificate of posting which were duly received by the accused on 30/6/2006 and 6/7/2006. However, he failed to respond to the notice and the complaint was filed under Sec. 138 of the Negotiable Instruments Act.