A.S. Pachhapure, J.—The revisionist has challenged the concurrent findings of his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act” for short).

2. The facts relevant for the purpose of this revision in brief are as under:

The petitioner herein is the accused, whereas the respondent is the complainant before the Trial Court. The accused-Ajith Balse is said to be the Managing Director of the Tim Tim Far East Export Trading Company Private Limited, Patalganga, Raigad District, Maharashtra, whereas the complainant is the Managing Partner of a concern by name Yermal Fish Trading (YFT), carrying on the business of supplying fishes. There is an agreement dated 19-9-2001 between the parties, wherein the complainant has supplied beheaded and gutted “Rani fish” to the accused-company. The accused was paying the amount through telegraphic transfer and under the terms of the agreement, the complainant was to send the statement of accounts by fax for every 15 days. At the end of fishing season i.e., on 4-6-2002, the complainant sent the final statement, under which the accused was liable t