JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. The revision arises from Judgments and orders of learned Judicial Magistrate, First Class, Erandol, District Jalgaon in Summary Criminal Case No. 74 of 2014 dated 17.07.2018 and learned Sessions Judge, Jalgaon in Criminal Appeal No. 117 of 2018 dated 02.05.2022.

3. The petitioner was an accused before the trial Court and respondent No.1 was the complainant. They would be referred to as the ‘accused’ and the ‘complainant’.

FACTS IN BRIEF

4. There was no dispute that the complainant and the accused knew each other. The complainant paid the accused a hand loan of Rs.4,00,000/- on November 23, 2010. After the demand at various times, the accused issued a cheque in dispute of Rs.4,00,000/- to the complainant on 7.1.2014 towards the legally enforceable debt. The complainant presented the above cheque to the Bank on 11.01.2014; however, it was dishonoured for want of sufficient funds in the bank account of the accused. The accused was served with a statutory notice dated 06.01.2014.

5. On 01.02.2014, the accused replied to the statutory notice. He came with a defence that the cheque in dispute wa