SHAIKH GULAM HUSSAIN SK GULAM RASUL Vs. STATE OF MAHARASHTRA AND ANOTHER
LAWS(BOM)-2017-3-288
HIGH COURT OF BOMBAY
Decided on March 10,2017

Shaikh Gulam Hussain Sk Gulam Rasul Appellant
VERSUS
STATE OF MAHARASHTRA AND ANOTHER Respondents

JUDGEMENT

V. L. Achliya, J. - (1.) Rule. Rule returnable forthwith. By consent heard finally in view of compromise arrived in between the applicant and respondent.
(2.) The respondent-complainant filed two separate proceedings on account of dishonour of two cheques issued by the accused alleging therein that accused had secured the loan of Rs.7 lakhs from the complainant-bank and towards part repayment of the loan amount the accused had issued two cheque of Rs.1,52,212/- and Rs.1,55,477/-. The cheques were dishonoured when presented for encashment.
(3.) On account of dishonour of cheque of Rs.1,55,477/- dated 21/1/2004, the complainant filed Criminal Complaint under Section 138 of Negotiable Instruments Act (hereinafter referred to as the N. I. Act for short) which was registered as S. T. Criminal Case No. 1330/2004. In that case vide judgment and order dated 5/2/2009, the accused was held guilty of offence under Section 138 of N. I. Act and sentenced to undergo simple imprisonment for 3 months and pay fine of Rs. 1,55,000/- and out of fine amount the amount of Rs. 1,25,000/- directed to be paid as compensation to complainant. Being aggrieved, the appellant preferred Criminal Appeal before Sessions Court, Dhule vide Criminal Appeal No. 18/2009. While filing appeal, as fine amount, accused deposited Rs. 1,25,000/- out of which the complainant has withdrawn Rs. 55,000/- and amount of Rs. 70,000/- is lying with JMFC Court, Dhule. By judgment and order dated 14/1/2015, the learned Sessions Judge, dismissed the appeal and confirmed the decision rendered by the trial Court. As against the judgment and order of conviction passed by trial Court and confirmed by Sessions Court in appeal, the accused has preferred criminal revision which is registered as Criminal Revision Application No. 27/2015.;


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