R.S. Chauhan, J.—The petitioner has challenged the judgment dated 7-1- 2008, passed by Additional Chief Judicial Magistrate, Sawai Madhopur, whereby the petitioner has been convicted for the offence under section 138, Negotiable Instruments Act, 1881 (‘the Act’ for short) and has been sentenced to suffer imprisonment of six months, and has been imposed with a fine of Rs.60,000/-, and has been directed to further suffer one and a half month of simple imprisonment in default thereof. The petitioner is also aggrieved by the judgment dated 23-4-2011, passed by Additional Sessions Judge, Sawai Madhopur, whereby the learned Judge has upheld the judgment dated 7-1-2008.

2. The brief facts of the case are that on 28-2-2000, the complainant respondent No.1, Pushpendra Kumar Jain, filed a complaint only against Lok Vikas Finance Corporation Limited, through Managing Director, Lokesh Kumar Singh. The complainant did not array the petitioner as an accused. It was alleged in the complaint that the cheque, issued for payment of the deposits, made in recurring deposit account of the company, has bounced. Despite the service of the statutory notice, the payment has not been made. On 15-2-