JUDGMENT :

This revision application has been preferred for setting aside the judgment dated 02.05.2018/03.05.2018 passed by learned 2nd Additional District & Sessions Judge, Muzaffarpur in Cr. Appeal No. 87/2017 whereby and whereunder the learned Judge has been pleased to dismiss the said criminal appeal and refused to interfere with the judgment of conviction and sentence dated 25.08.2017 passed by learned Additional Chief Judicial Magistrate (East), Muzaffarpur in complaint case no. C-1557/12. By the impugned judgment and order the petitioner has been convicted under Section 138 of the Negotiable Instrument Act (hereinafter referred to as the “N.I. Act”) and the learned court has directed the petitioner to pay double of the original amount of the cheque (3,47,000) and to undergo one year simple imprisonment. The period gone under the judicial custody will be set off under Section 428 of the Cr.P.C.

Brief facts of the case

2. The complainant–opposite party no. 2 filed a complaint case on 11.06.2012 for the offences alleged under Sections 403, 406, 420 & 120B I.P.C. and 138 of the N.I. Act. The learned Magistrate, however vide his order dated 28.01.2014 took cognizance only under Sec