RAJABHAU SUBRAO LONDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) I have heard the learned advocate Mr. S. B. Bhapkar for the revision-applicant and the learned advocate Mr. S. V. Suryawanshi for the respondent No.2. At their request, the matter is heard finally at the stage of admission.

(2.) The applicant is the original complainant, who filed a complaint under Section 138 of the Negotiable Instruments Act against respondent No.2 inter alia alleging that the latter needed hand loan of Rs.1,00,000/- for the medical treatment of his wife. The applicant obliged him by issuing a bearer cheque No. 126414 dated 12.07.2013. The respondent No.2 promised to pay back the money within a month. Again respondent No.2 needed an additional amount of Rs.1,50,000/-for the medical treatment of the wife. The applicant, therefore, paid the money to him by another bearer cheque No. 126415 dated 12.08.2013. The respondent promised to repay the aggregate sum of Rs.2,50,000/- within two months. After completion of the period as was promised, the applicant approached respondent No.2 and respondent No.2 gave him cheque No. 002657 for an amount of Rs.2,50,000/- dated 24.06.2014 drawn on his banker the Chikali Urban Cooperative Bank, Branch : Phulambri. However, when the applicant presented the cheque for encashment through his banker, it was dishonoured for insufficient funds on 27.06.2014. A statutory notice dated 30.06.2014 was served on respondent No.2 on 04.07.2014. However, he failed to pay the money and the complaint was filed on 28.07.2014.

(3.) After conducting the trial, by the judgment and order dated 13.04.2016 the learned Magistrate convicted the respondent No.2 and sentenced him to suffer simple imprisonment for three months and also directed him to pay a compensation of Rs.3,00,000/- to the applicant as contemplated under Section 357(3) of Cr.P.C. within a month and also directed in default of payment of compensation to suffer simple imprisonment for three months.