R.S. Chauhan, J.— The petitioner has challenged the order dated 30.3.2009 passed by the learned Sessions Judge, Ajmer whereby the learned Judge has upheld the conviction order passed by the ACJM No.2, Ajmer, but has given the benefit of probation to the accused person under the Probation of Offenders Act, 1958.

2. The brief facts of the case are that the petitioner is carrying on the business of getting cards. The accused/respondent No.2 purchased some goods from the petitioner and in discharge of his liability, he issued a cheque, bearing No.848014, dated 28.11.2004 amounting to Rs.4,000 drawn on Indian Bank, Bhilwara. On 2.5.2005, the petitioner presented the cheque before the aforesaid Bank, but the same could not be realised. It was returned as unpaid. The same was received by the petitioner vide memorandum dated 17.5.2005. After receiving the cheque as unpaid, the petitioner sent a notice on 25.5.2005 which was received by the accused/respondent No.2 on 26.5.2005. Even after the receipt of the aforesaid notice, the amount of cheque has not been paid. Therefore, the petitioner filed a complaint before the ACJM No.2, Ajmer under Section 138 of Negotiable Instruments Act