JUDGMENT

1. This Criminal Revision Case is preferred against the impugned judgment in Criminal Appeal No.149 of 2008 on the file of the learned V Additional Sessions Judge (Fast Track Court), Guntur dtd. 5/6/2009 confirming the judgment passed in C.C.No.289 of 2006 on the file of the learned V Additional Junior Civil Judge, Guntur dtd. 17/4/2008 convicting the revision petitioner for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (in short, 'the N.I. Act') and sentencing him to undergo Rigorous Imprisonment for a period of four months and to pay fine of Rs.500.00, in default to suffer Simple Imprisonment for one month.

2. The revision petitioner herein was the accused and the Respondent No.2 was the complainant before the trial Court. The Respondent No.1 is pro forma party, the State represented by Public Prosecutor.

3. Case of the Complainant

3.1. The complainant approached the Court by filing a private complaint stating that the accused borrowed an amount of Rs.70,000.00 from him on 10/4/2004 and executed a promissory note in his favour agreeing to repay the same with interest at 24% per annum.

3.2. Thereafter, accused issued a cheque dtd. 19/7/2005 f