RAMESH BHIMRAJ PANHALE Vs. KISHOR S CHOBE

JUDGEMENT

(1.) Heard learned counsel appearing for the appellant and learned counsel appearing for the respondent at length. Present criminal appeal is filed by the original complainant taking exception to the judgment and order passed by the Judicial Magistrate First Class, Rahuri in S.T.C. No.254/1996 dated 04th September, 1999, thereby acquitting the respondent/original accused.

(2.) The facts of the case can be stated as under:

(3.) It is further case of the complainant that, after period of five years, the complainant demanded amount of Rs.60,000/ - from the accused. Accused was not having sufficient cash with him so he issued cheque of Rs.60,000/- drawn upon the Union Bank of India, Branch Gholewadi, Tq. Sangamner on 20.02.1996. The complainant presented and deposited that cheque for payment. But concerned bank dishonoured the same with passing memo. Thus, for funds insufficient the cheque returned on 10.04.1996. Then the complainant informed to the accused about the dishonour of the cheque and non payment of it. The accused refused to pay the cheque amount to the complainant. The complainant issued him notice on 18.04.1996, and demanded amount, costs of the dishonour cheque as well as notice charges. So it is alleged that, the cheque issued by the accused to the complainant for payment of hand loan amount was dishonoured and so the accused was also issued with the notice. But he failed to pay the amount. Hence the accused has committed offence punishable under Section 420 of Indian Penal Code and U/Sec.138 of the Negotiable Instruments Act.