( 1 ) THE petitioner herein, is an accused who has been convicted and sentenced under Section 138 of the Negotiable instruments Act, 1881, (act, for short), by the learned J. M. F. C. , Mapusa. by Order dated 29. 07. 2005 and which Order in appeal has been confirmed by the learned Assistant Sessions judge, Mapusa. The controversy in this revision is in relation to the explanation below section 138 of the Act, which reads as follows:-"explanation:- For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability. "

( 2 ) SOME facts are required to be stated to dispose of this revision.

( 3 ) THE Complainant (respondent herein), is a Society having its business of advancing loans for the purpose of construction to its members, and, the accused is a member of the said Society. The accused and his wife had availed a loan of Rs. 3,55,000/- on 05. 11. 1996 with a condition to repay the same with interest at the rate of 18% or higher rate of interest plus 0. 6% along with charges which might have been incurred by the said complainant. The Complainant had called upon the wife of the accused for repayment of overdue installments and on or about

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