Sunil Kumar Sinha, J.

1. Heard on admission.

2. This revision is directed against the order dated 28-8-2006 passed in Criminal Appeal No. 43/2006 by the IInd Additional Sessions Judge, Mahasamund (CG) by which learned ASJ has partly allowed the appeal of the applicant and while confirming the conviction dated 4-2-2006 under Section 138 of the Negotiable Instruments Act, 1881 reduced the quantum of sentence from 6 months' R.I. and fine of Rs. 51,000/- to sentence till rising the Court and fine of Rs. 55,000/-. It was further directed that out of Rs. 55,000/-,51,000/- shall be paid to the son of the complainant (since complainant has died during the pendency of appeal) and rest of the amount shall be paid to the State.

3. The brief facts are that the complainant-Amarnath had filed a complaint under Section 420, IPC and Section 138 of the Negotiable Instruments Act before the Trial Court inter alia pleading that on 3-3-1998, he had given Rs. 51,000/- to the applicant as the amount of loan and the applicant, had issued a cheque dated 29-5-2000 for repayment of the said amount payable at State Bank of Indore, Branch Mahasamund. The number of the cheque was 1312133 and it was dated 31-