M.G.SEWLIKAR,J. - (1.)Criminal Revision Application No.13 of 2018 is preferred by the original complainant and Criminal Revision Application No.177 of 2021 is preferred by the original accused. Both these revisions are preferred against the order of the learned Additional Sessions Judge, Shrirampur, District Ahmednagar, whereby conviction of the accused recorded by the learned Judicial Magistrate First Class (JMFC) has been maintained but substantive sentence is modifed.
(2.)In this order parties are referred to as per their original status in the trial Court.
(3.)Facts in brief are that on the request of the accused - Aris @ Arish Mohammad Shaikh, complainant - Abhaykumar Bansilal Mutha paid Rs.2,50,000.00 to accused as a hand-loan on 28/12/2004. Accused assured that he would repay the amount within two days. Accused gave post-dated cheque dated 31 st December 2004 to the complainant. On 31/12/2004, complainant deposited the cheque in the Bank which was dishonoured on account of insufcient funds. On 1/1/2005, notice for demanding the amount was sent by the complainant to the accused. On 3/1/2005, accused received the notice. However, accused did not pay the amount of Rs.2,50,000.00 and therefore, on 16/2/2005 complainant fled a private complaint under Sec. 138 of the Negotiable Instruments Act (N.I.Act) bearing STC No.127 of 2005.