JUDGMENT

Vibha Kankanwadi, J. (Oral) - Present revision has been filed by the original complainant by invoking the power of this Court under section 401 of Code of Criminal Procedure, 1973 in order to challenge the judgment and order passed by Additional Sessions Judge, Osmanabad in Criminal Appeal No. 57 of 2013; whereby the sentence awarded to the respondent for the offence punishable under section 138 of Negotiable Instruments Act came to be modified.

2. Present revision applicant is the original complainant, who had filed complaint bearing S. C. C. No. 394 of 2009 against the present respondent alleging that he has committed offence punishable under Section 138 of N. I. Act. It is necessary to have a glance at the allegations in the original complaint, at this stage, in order to appreciate further facts. Complainant had come with a case that he was knowing accused since long and had friendly relations with him. Accused was in need of money and therefore requested complainant on 15-08-2006 to extend hand loan of Rs. 70,000/-. Complainant agreed and issued cheque in favour of accused on 17- 08-2006. Accused had encashed the said cheque and assured to return the amount within one m