JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard learned Advocates for the parties.

2. Rule. Rule made returnable forthwith by consent.

3. The petitioner challenges the judgment and order of conviction and sentence passed by the Chief Judicial Magistrate, at Latur in S.T.C.C. No. 6935 of 1993 on 19th July, 1996 and confirmed by the Sessions Judge, Latur on 18th January, 2000 in Criminal Appeal No. 36 of 1996. The petitioner has been convicted of the offence punishable under section 138 of the Negotiable Instruments Act and sentenced to pay a fine of Rs. 28,000/- and in default, to undergo S.I. for two months.

4. The facts in brief, relevant for the decision are that the respondent No. 1 filed complaint in the Court of C.J.M., Latur on 27-12-1993 complaining that the petitioner, on the day of Gudi Padwa of 1993, had borrowed a sum of Rs. 14,000/- with assurance to return the same in June, 1993 and accordingly, had issued two cheques, one dated 21-6-1993 for Rs. 5,000/- and another dated 15-7-1993 for Rs. 9,000/- in favour of the respondent-complainant but, on submission of the said cheques for encashment, they were dishonoured on 4-11-1993 and, therefore, the respondent-complainant issued d

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