N.K. Mody, J.—Being aggrieved by the order dated 12.9.2005 passed by IASJ, Indore in Criminal Appeal No.266 of 2005 and in Criminal Revision No.341 of 2005 whereby the judgment dated 6.4.2005 passed in Criminal Case No.4903 of 2002 whereby the petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act (which shall be referred hereinafter as the “N.I. Act”) and was sentenced with imprisonment of 3 months with fine of Rs.5,00,000 out of which Rs.4,80,000 was payable to the respondent was modified by enhancing the jail sentence from 3 months to 1 year, the present appeal has been filed.

2. Short facts of the case are that respondent filed a complaint on 26.8.2002 under Section 138 of the N.I. Act wherein it was alleged that petitioner took a loan of Rs.4,50,000 against which a cheque bearing No.320204 dated 25.1.2002 of State Bank of Indore branch Harsola was given by the petitioner to the respondent. It was alleged that said cheque was presented by the respondent for collection on 17.7.2002 which was returned on 19.7.2002 with a memo to the effect that it exceeds arrangement. It was alleged that a notice was issued by the respondent f