1. Heard learned counsel for the parties.

2. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final hearing.

3. At the outset, revisional applicant/original accused has preferred revision application challenging the legality and correctness of the conviction and sentence imposed upon him by way judgment and order rendered by learned Judicial Magistrate First Class, Parbhani in Regular Criminal Case No.642/2003, thereby convicting him for the offence punishable under section 138 of Negotiable Instruments Act and sentencing him to suffer Simple Imprisonment for one month and to pay fine of Rs.1,000/- (Rs. One thousand) in default of payment of fine amount to suffer further S.I. for 15 days and also assailing the legality and correctness of judgment and order rendered by learned Sessions Judge, Parbhani in Criminal Appeal No.24/2006, thereby dismissing the said appeal filed by the applicant herein and confirming the conviction and sentence inflicted upon the applicant by way of judgment and order dated 30.10.2007.

4. The respondent/original complainant is a bank which had given loan of Rs.81,000/- to the applicant/original accused to start poultry farm in the year 1991. The applicant herein and his partner namely Balwantrao Deshmukh mortgaged their respective lands bearing gat nos 196, 195 in favour of the complainant for the said land. Accused was the active partner. The said loan was agreed to be repaid in six installments at the rate of Rs.14% p.a. however, applicant herein failed to repay said loan amount.

5. It is further alleged that on persistent demand of the complainant, accused issued cheque of Rs.1,20,000/- in favour of the complainant on 15.5.1999. Meanwhile, on 18.5.1999 he undertook to realize the amount by selling his house within one month. Hence, after waiting for one month, the complainant presented said cheque for encashment purpose. However, same was dishonored and returned unpaid with bank return memo having endorsement 'due to insufficiency of funds’ in the account of the applicant’ herein. Hence, complainant issued demand notice on 28.6.1999 to the accused and called upon him to make payment of said cheque however, accused refused to accept said notice on 29.6.1999. Accordingly, accused failed to make the payment of said cheque as per demand notice hence complaint was filed against accused under section 138 of Negotiable Instruments Act. Process came to be issued against accused and accused appeared therein.

6. The complainant adduced oral as well as produced documentary evidence to substantiate its contention and accordingly examined Manager namely Vishvambhar Ravale Exh.64 as PW 1 and also examined Bhanudas Kadam branch Manager of P.D.C.C.bank Parbhani, as well as produced documentary evidence such as disputed cheque in question at Exh.65, cheque return memo at Exh.83 and 84, demand notice dated 28.6.1999 Exh.67, postal receipt thereof Exh.68, unserved envelope Exh.67 and statement of the account of the accused Exh.69. In rebuttal accused examined his son namely Ramakant Ladke at Exh.88 and DW 2 Bapurao Ghumbre at Exh.89 and produced letter dated 17.9.1999 issued by Ramprasad at Exh.80, pass book of accused at Exh.86, letter dated 5.3.1998 issued by the Assistant Registrar, Cooperative Societies at Exh.78 and demand notices issued by the complainant to accused at Exh.79 and Exh.80.

7. Considering the oral as well as documentary and also considering the rival submissions advanced by the learned counsel for the parties, learned trial court held the accused guilty under section 138 of Negotiable Instruments Act and convicted him therefor and sentenced him to suffer S.I. for one month and directed to pay fine of Rs.1,000/- in default to suffer further S.I. for 15 days by way of judgment and order dated as aforesaid.

8. Being aggrieved and dissatisfied by the said judgment and order of conviction, applicant/original accused preferred Criminal appeal No.24/2006 before