ORDER :

The revision petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the N.I.Act’) and in challenge the present revision is filed under Sections 397 and 401 Cr.P.C.

2. On a complaint filed by respondent No.1, the revision petitioner was prosecuted in C.C.No.1211 of 2002 and after due trial, the learned VI Metropolitan Magistrate, Vijayawada by a judgment dated 13.10.2003 found the revision petitioner guilty for the offence under Section 138 of the N.I.Act and convicted him and sentenced him to undergo simple imprisonment for six months and pay a fine of Rs.1,000/- with a default sentence of simple imprisonment for one month.

3. The revision petitioner challenged the said judgment in Criminal Appeal No.217 of 2003. Learned Metropolitan Sessions Judge, Vijayawada after due hearing of the appeal, by a judgment dated 22.08.2005 confirmed the guilt of the accused but modified the sentence. The learned appellate Court sentenced the revision petitioner till raising of the day and he was directed to pay Rs.80,000/- as compensation to complainant and one month time was granted and a default sentence of simple imprisonment for thre