JUDGMENT

Bibek Chaudhuri, J. - Order dated 22nd August, 2005 passed by the learned Additional Sessions Judge, 3rd Court at Darjeeling in Criminal Appeal No.2 of 2001, thereby dismissing the appeal filed on behalf of the petitioner and affirming the judgment and order dated 30th July, 2001 passed by the ld. Chief Judicial Magistrate, Darjeeling in C.R Case No.36 of 1999 is under challenge in the instant revision.

2. It is pertinent to mention at the outset that the opposite party no.2 filed a court complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act against the present petitioner which was registered as C.R Case No.36 of 1999. The said case was disposed of by a judgment and order dated 30th July, 2001 thereby convicting the petitioner of the charge under Section 138 of the Negotiable Instruments Act and sentencing him to suffer rigorous imprisonment for six months and to pay fine of Rs.8,34,526/-, in default to suffer further imprisonment for two months.

3. The case of the complainant/opposite party No.2 was as follows:-

4. The petitioner had approached the opposite party No.2 for a loan amounting to Rs. 2.5 lakhs to meet the financial hardship.