M G KHACHANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the petitioners-original accused No. 1. M. G. Khachane, being aggrieved by the order of issuance of process dated 18th june , 1991 in Reg Criminal Case No. 111 of 1991, issued by the Judicial Magistrate, first Class, Miraj, under Section 138 of the Negotiable Instruments Act read with Section 420 of the Indian Penal Code.

(2.) I have heard Mr. Chichalikar for Respondent No. 2 and Mr. Galerai, Addl p. P. for Respondent No. 1 I have also perused the proceedings.

(3.) IT appears that the complainant-Hiramani Shankarrao Satpute filed complaint before the Judicial Magistrate, First Class, Miraj, under Section 138 of the negotiable Instruments Act and under Section 420 of the Indian Penal Code against two accused viz. , M. G. Khachane, who is the petitioner before this Court and also against Shankar Yashwant Gawli. The case of the complainant was that the complainant give friendly loan of Rs. 35,000/- to the petitioner since he was knowing the petitioner-accused No. 1 for the last 5 years. Accused No. 2 certified that accused No. 1 was reliable person and sort of stood guarantor for the repayment of loan. Accordingly, the complainant on 23rd September, 1990, paid Rs. 35,000/- to accused No. 1 as friendly loan. No writing was taken by the complainant from accused No. 1 However, at the time of transaction, three witnesses were present. Their names were, Anil Husen Satpute, Bapusaheb Mahadeo Abhyankar and raghunath Santaram Satpute. Accused No. 2 was also present at that time. No interest was agreed to be paid to the complainant. After about a month's time, the complainant demanded back his amount from accused No. 1. However, he was dilly dallying. Ultimately accused No. 1 gave to the complainant, in his name, cheque No. 260924, dated 25th October, 1990, for Rs. 35,000/- drawn on Dombivali nagari Sahakari Bank Ltd. The said cheque was deposited by the complainant in his account at Sangli District Central Co-operative Bank, Miraj Branch. However, it was dishonoured. Dombivali Nagari Sahakari Bank Ltd. had returned the cheque by their letter dated 3rd November, 1990, to the complainant's Bank. That cheque was dishonoured. Accordingly, the Sangli District Central Co-operative bank, Miraj Branch, gave the said memo of intimation dated 24th November, 1990 that the cheque given by accused No. 1 was dishonoured, because of no funds in his account. The complainant thereafter by his notice dated 13th December, 1990, sent to accused No. l, by Registered A. D. demanded his money. However, accused No. 1 did not pay the said amount and the said amount still remains unpaid.