1. THE challenge in this revision is to the concurrent findings of the learned Appellate Court whereby the order of conviction under section 138 of the Negotiable Instruments Act and sentence passed by the trial Court was affirmed. The petitioner being the convict has challenged the legality, validity and propriety of the order impugned, mainly, on the following grounds :-

(a) that the learned trial Court as well as the learned Appellate Court erred in net considering the factual aspect that there existed no-legally enforceable debt or liability for which the cheque in dispute was allegedly issued by the petitioner;

(b) that both the Courts failed to take serious note of the fact that the petitioner allegedly borrowed Rs. 1,10,000/- but the cheque in dispute was amounting to Rs. 1,14,500/- which was illegal in view of the fact that the opposite party was not having any money-lending business license under Bengal Money Lenders Act;

(c) that the compensation was awarded without giving the petitioner any opportunity of being heard; and

(d) that the learned Courts failed to extend the benefit under section 360 and 361 of the Code of Criminal Procedure to the petitioner.

2. BEFOR