JUDGMENT :

1. Criminal Revision Application No.13 of 2018 is preferred by the original complainant and Criminal Revision Application No.177 of 2021 is preferred by the original accused. Both these revisions are preferred against the order of the learned Additional Sessions Judge, Shrirampur, District Ahmednagar, whereby conviction of the accused recorded by the learned Judicial Magistrate First Class (JMFC) has been maintained but substantive sentence is modified.

2. In this order parties are referred to as per their original status in the trial Court.

3. Facts in brief are that on the request of the accused - Aris @ Arish Mohammad Shaikh, complainant - Abhaykumar Bansilal Mutha paid Rs.2,50,000/- to accused as a hand-loan on 28th December 2004. Accused assured that he would repay the amount within two days. Accused gave post-dated cheque dated 31st December 2004 to the complainant. On 31st December 2004, complainant deposited the cheque in the Bank which was dishonoured on account of insufficient funds. On 1st January 2005, notice for demanding the amount was sent by the complainant to the accused. On 3rd January 2005, accused received the notice. However, accused did not pay the amo