JUDGMENT

1. Assailing the judgment dtd. 14/3/2011 in Crl.A.No.64 of 2009 on the file of the Court of learned I Additional Metropolitan Sessions Judge, Visakhapatnam, confirming the conviction and sentence imposed by the judgment dtd. 25/3/2009 in C.C.No.671 of 2006 on the file of the Court of learned Special Judicial Magistrate of First Class (Prohibition and Excise), Visakhapatnam, for the offence under Sec. 138 r/w.142 of Negotiable Instruments Act (hereinafter referred to as "N.I.Act"), the petitioner/accused filed the present criminal revision case under Sec. 397 r/w.401 of the Criminal Procedure Code, 1973.

2. The revision case was admitted on 19/4/2011 and the sentence of imprisonment imposed against the petitioner was suspended, vide orders in Crl.R.C.M.P.No.1390 of 2011.

3. The shorn of necessary facts are that:

i). On 15/7/2004, accused borrowed an amount of Rs.1, 00, 000.00 for his family expenses and to discharge sundry debts from the complainant by executing a promissory note and agreed to repay the same with interest @ 24% per annum. But, he did not repay the same.

ii). On receipt of notice, dtd. 25/11/2004 from the complainant, accused issued a cheque bearing No.006397