1. Heard respective learned counsel for the parties.

2. With the consent of the learned counsel for the parties taken up for final hearing.

3. Parties hereinafter are referred to as, “complainant” and “accused”.

4. It is the contention of the complainant that he was carrying on the business of Bajaj Industries at Majalgaon and the accused is carrying on the business of hotel and they had friendly relations with each other.

5. The accused was in need of the amount of Rs. Six Lacs, and therefore, he requested the complainant therefor. Since the relations between the complainant and the accused were friendly and since the accused undertook to give post dated cheque of two months, the complainant gave hand loan of Rs. Six Lacs to the accused on 20.9.2005 and the accused also issued cheque of Rs. Six Lacs, dated 21.11.2005 drawn on Rajashri Shahu Cooperative Bank, Beed, Branch Majalgaon, to the complainant towards repayment of the said amount. Accordingly, the complainant presented the said cheque for encashment purpose on 16.3.2006. However, the said cheque was dishonoured and returned unpaid with the cheque return memo. Hence, the complainant issued the demand notice to t