JUDGMENT

Manish Pitale, J. - Heard Mr. Ganesh Naik, learned Counsel appearing for the Applicant and Mr. A.D. Bhobe, learned Counsel appearing for the Respondent no. 1-Bank.

2. By the present Revision Application, the Applicant (original Accused), has approached this Court challenging concurrent orders passed by the Judicial Magistrate First Class, Margao, and the Sessions Court, Margao. This is a matter arising out of a complaint filed by the Respondent-Bank under Sec. 138 of the Negotiable Instruments Act, 1881 (said Act, for short). The Magistrate has convicted the Applicant for offence under the said provisions and imposed a sentence upon him to undergo simple imprisonment for two months and to pay compensation of Rs.3,65,000.00 to Respondent-Bank. It is undisputed that the cheque amount was Rs.3,60,910.00.

3. It was the case of the Respondent-Bank, the original Complainant, that the Applicant had approached the said Respondent for a loan of an amount of Rs.6,00,000.00. Since the Applicant was not a member of the Respondent-bank, which is an Urban Co-operative Society, the said fact was also taken into consideration while processing the request of the Applicant for grant of loan.