JUDGMENT: - The petitioner herein is accused in C.C. No.805/P/2004/C and questions the correctness of the Judgment dated 03 - 07 - 2006 of the learned Assistant Sessions Judge, 'Mapusa, upholding the conviction and sentence imposed upon the accused under Section 138 of the Negotiable Instruments Act, 1881, ('Act' for short).

2. The parties hereto are being referred to the names as they appear in the cause title of the complaint.

3. The Complainant is a Cooperative Credit Society registered under the Maharashtra Co - operative Societies Act, 1960, as applicable to this State. The accused had obtained a loan of Rs.2,50,000/ - from the Complainant and as per the Complainant, the accused had issued a cheque bearing no.449031, dated 20 - 02 - 2004, for Rs.1,48,775/ - , drawn on Andhra Bank, Mapusa, towards part payment of the said loan amount and when the said cheque was presented for payment, it was returned dishonoured for insufficient funds vide endorsement dated 23 - 02 - 2004 whereupon the Complainant by registered notice dated 01 - 03 - 2004, called upon the accused to pay the said amount due on the said cheque within 15 days from the date of the receipt o

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