N.K. Jain, C.J.—Heard learned Counsel for the parties.

2. The complainant/respondent No.1, Hanuman Prasad Agarwal filed a private complaint Case No. 27 of 2010, under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the Act of 1881”) against the accused/petitioner in the Trial Court in respect of dishonour of cheque worth Rupees ten lakhs.

3. During trial of case, an effort was made for compromise between parties, a sum of Rupees three lakhs were paid by accused to complainant, however, matter could not be compromised. After completion of trial and hearing the submissions of learned Counsel for the parties, the Trial Court i.e., Judicial Magistrate, First Class, East Sikkim at Gangtok, convicted the petitioner under Section 138 of the Act of 1881, vide judgment dated 24.10.2013. Thereafter, the Judicial Magistrate, vide order dated 29.10.2013, instead of awarding any order of imprisonment, imposed a fine of Rs.5,000 under Section 138 of the Act of 1881, in default of payment of fine, the convict shall undergo simple imprisonment of one month. In addition to sentence of fine, the Judicial Magistrate also directed that the accused shall pay compensation amoun