JUDGMENT

Abhay Manohar Sapre, J.

This appeal is directed against the final judgment and order dated 11.04.2008 passed by the High Court of Calcutta in Criminal Revision No. 3048 of 2005 whereby the High Court allowed the criminal revision filed by respondent No. 1 herein and while setting aside the order of the Appellate Court, awarded simple imprisonment for two months to the appellant herein and directed him to pay a sum of Rs. 3 lakhs by way of compensation to respondent No. 1.

2. The appeal involves a short point as would be clear from the facts mentioned hereinbelow.

3. Respondent No. 1 (complainant) filed a complaint (CR No. 298 of 1995) under Section 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as "the Act") against the appellant herein in the Court of Judicial Magistrate, 1st Court, Jalpaiguri, West Bengal.

4. By order dated 29.06.2004, the Judicial Magistrate allowed the complaint and held the appellant guilty for commission of an offence punishable under Section 138 of the Act and sentenced him to undergo simple imprisonment for two months along with a fine of Rs. 5000/- and in default of payment of fine, to further undergo simple imprisonment for one mo