ORAL JUDGMENT

1. The applicant-accused is before this Court being aggrieved by the judgment and order passed by the 8th Additional Judicial Magistrate First Class, Bharuch in Criminal Case No. 12158 of 2005, which is confirmed in Criminal Appeal No. 53 of 2006 by the learned Additional Sessions Judge, Fast Track Court No.5, Bharuch.

2. The facts of the case are that original accused No.1 had given two cheques to the complainant and when those cheques were deposited by the complainant in the bank, the same were dishonoured. The complainant issued notice dated 29.7.2005 and as the applicant-original accused did not pay that amount, he filed Criminal Case No. 12158 of 2005.

2.1. The case of the complainant is that, he is serving in the L.I.C. and the accused is working as an agent of the L.I.C. They both were known to each other and had good relation. The accused was in need of money for his business purpose. He demanded Rs. two lakhs. The complainant paid Rs. 2 lakhs to the accused. The accused gave two cheques to the complainant on 15.7.2005. These cheques were deposited in the bank by the complainant on 25.7.2005, the same were dishonoured and returned on 26.7.2005 with an endorsemen