Vinod K. Sharma, J.—This revision petition has been filed against the conviction order dated 18.09.2006 and order of sentence dated 21.09.2006 passed by the Learned Sub-divisional Judicial Magistrate, Talwani Sabo (for short Magistrate) under Section 138 of the Negotiable Instruments Act, (for short the Act).

2. Learned Magistrate found the accused guilty of an offence under Section 138 of the Act and imposed the following sentence:

“15. Learned counsel for the convict has argued that convict is fist offender, sole breadwinner of the family and of young age. Even, during the pendency of the complaint he had offered to make the payment of the cheque even to the extent of double the amount. This, taking into note the said factum of lenient may be taken and convict be released on probation.

16. On the other hand, learned counsel for the complainant has argued that the complainant had been dragged to face the lis for several years at a stretch and the offer upon which much emphasis has been laid, but the same is being made at the stage of hearing the quantum of sentence, which altogether falsifies the arguments put forth by learned counsel for the convict be dealt sev