JUDGMENT/ORDER

1. In this criminal revision application, challenge is to the judgment and order dtd. 12/10/2011 passed by the learned Adhoc Additional Sessions Judge, Gondia, whereby the learned Judge dismissed the appeal filed by the applicant/accused against his conviction and sentence awarded by the learned Judicial Magistrate First Class, Gondia for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short " the N.I.Act"). The learned Judicial Magistrate First Class, Gondia by order dtd. 31/8/2009 on conviction had sentenced the applicant/accused to suffer rigorous imprisonment for three months and to pay fine of Rs.1, 000.00 and also directed him to pay the compensation of Rs.1, 60, 000.00 to the complainant.

2. The facts are as follows:-

The parties in this judgment would be referred by their nomenclature in the complaint. The applicant is the accused and non-applicant No.1 is the complainant. It is the case of the complainant that he and accused both were doing business of grains. The complainant is doing his business under the name and style of 'Anand Bhandar'. The accused at the relevant time was doing the business under the name and style as '