Vinod Kumar Sinha, J.

As both the parties have appeared and the lower court records are also available, this revision application is taken up for disposal at the admission stage itself.

2. Heard both the parties.

3. This revision application is directed against the order dated 02.02.2016 passed by learned District and Sessions Judge, Begusarai in Criminal Appeal No. 83/2014, whereby, the learned Sessions Judge has affirmed and uphold the order dated 05.03.2014 passed by the Judicial Magistrate -1st Class, Begusarai in Complaint Case No.1420/2008, by which, the petitioner has been held guilty for commission of offence punishable under Section 138 of the Negotiable Instrument Act (hereinafter referred to as "the N.I. Act") and has been directed to pay a fine of Rs. 40 lacs along with interest @ 7% per annum and further directed that the amount of fine shall be given to the complainant under Section 357(1) of the Cr.P.C. within a period of three months and accordingly dismissed the appeal.

4. Case of the petitioner is that he is a contractor and has been working in East Central Railway at several sites and the petitioner approached the complainant to do contract work on his registration by investing capital on payment of bills. Petitioner promised that he would deduct only 2-1/2% of bill amount and will also pay sales tax, income tax and also handle labour issues. The complainant agreed and lieu there of power of attorney was executed.

5. Further case is that opposite party no. 2 began the execution of work by investing his own capital and a sum of Rs. 80 lacs became due on the petitioner. Thereafter, opposite party no. 2 along with one Rajeev Kumar demanded their dues, on which, the petitioner handed over a cheque of Rs. 40 lacs bearing no. 142454 of account number 1005184 of Bank of Baraoda, Zeromile Branch. Thereafter, on the direction of the petitioner, opposite party no. 2 presented the cheque but the same was dishonored by the bank with remark ' insufficient balance'. Opposite party no. 2 sent a legal notice to the petitioner but the petitioner did not reply and lastly, on 30.06.2018, the complainant opposite party no. 2 contacted the petitioner for his payment of Rs. 80 lacs, then the petitioner became angry and refused to make any payment.

6. The complainant opposite party filed the complaint in the court of Chief Judicial Magistrate, Begusarai on 03.07.2018 and after enquiry, the summons were issued agaisnt the petitioner under Section 417 of the Indian Penal Code and Section 138 of the N.I. Act.

7. During trial of the case, four witnesses were examined on behalf of the complainant. Apart from that some documentary evidence, have also been brought on record, which has been marked as Ext. 1 to 8.

8. On behalf of accused - petitioner six witnesses have been examined and large number of documents have been filed.

9. The trial court i.e. the Judicial Magistrate- 1st Class, Begusarai vide judgment and order dated 05.05.2014 passed in Complaint Case No. 1420/08, though not found the accused-petitioner guilty for the offence under Section 417 of the Indian Penal Code, however, held him guilty under Section 138 N.I.Act and accordingly convicted him under Section 138 N.I. Act and directed to pay a fine of Rs. 40 lacs along with interest @ 7% per annum from the date of lapse of 15 days after notice till today and further directed that the entire amount shall be given to the complainant as a compensation under Section 357(1) Cr.P.C. within a period of three months from the date of order.

10. It appears that against the aforesaid judgment and order 05.05.2014, the petitioner preferred Criminal Appeal before the Appellate Court and the Appellate Court and the appeal filed by the petitioner has also been dismissed by the learned Sessions Judge, Begusarai vide judgment dated 02.02.2010 passed in Cr. Appeal No. 83/14, affirming the judgment and order of trial court.

11. Aggrieved, the petitioner moved before this Court by filing the inst