R. Mala, J.—This revision has been preferred against the judgment of conviction and sentence, dated 6.8.2008, in C.A.No.69 of 2008 on the file of the First Additional Sessions Judge, Erode, whereby the accused found guilty for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and imposed a fine of Rs.5,000 in default to undergo three months simple imprisonment, confirming the judgment of conviction and sentence, dated 25.1.2008, in C.C.No.173 of 2005, on the file of the District Munsif Court-cum-Judicial Magistrate’s Court, Kodumudi.

2. The gist and essence of the case is as follows:

The revision petitioner/accused herein borrowed a sum of Rs.50,000 from the respondent/complainant on 7.5.2005. To discharge the liability, the revision petitioner/accused issued a cheque bearing No.671379 drawn on Bank of Madura Limited, Erode, dated 7.8.2005 for Rs.50,000, which was marked as Ex.P1. When the cheque was presented for encashment in Bank, it was returned as ‘Insufficient funds’ as per return memo dated 16.8.2005 along with debit advice dated 19.8.2005, which was marked as Ex.P2. Therefore, the respondent issued a s