Mohan Shanthana Goudar, J.—This revision petition is filed by the convicted accused. The respondent is the complainant.

The petitioner is tried for the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 before the learned V Judicial Magistrate, First Class, Mangalore, in C.C. No.11 of 2003. After recording the evidence and hearing the parties, the Trial Court by its judgment and order dated 29.10.2004, convicted the accused and sentenced him to undergo simple imprisonment for a period of one month and to pay compensation of Rs. 40,000 to the complainant with default clause. The judgment and order of the Trial Court is confirmed by the Sessions Court, Dakshina Kannada, Mangalore, in Criminal Appeal No.385 of 2004, on 15.2.2006.

2. Case of the complainant in brief is that the accused borrowed a loan of Rs.15,000 and Rs. 6,000 on 28.10.1993 and 2.12.1993 respectively from the complainant, agreeing to repay the same with interest at the rate of 23% p.a. Towards repayment of the said loan, the accused issued the cheque Ext. P1 dated 11.11.1996 drawn on Mangala Credit Co-operative Society Limited, Kodialbail, Mangalore for Rs.24,168 in favour of the co