ORDER

Kurian Joseph, J. - An interesting novel question of general importance arises for consideration in this Criminal Revision Petition. Is a Magistrate justified in awarding rigorous imprisonment under Section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act')? It is profitable to extract the said Section as such before analysing the above question:

"138. Dishonour of cheque for insufficiency, etc. of funds in the account - Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out, of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid be deemed to have committed an offence and shall without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both;

Provided that nothing contained in this section shall apply unless-

(a)