Rajani Dubey, J.

Being aggrieved by the judgment dated 22.01.2010, passed by the 12th Additional Sessions Judge (FTC) Durg in Cr.A. No. 80/2007 whereby the judgment dated 29.05.2007 passed in Cr. Case No. 780/2007 has been affirmed by convicting the applicant under Section 138 of the Negotiable Instrument Act and sentencing him to undergo RI for two years and fine of Rs. 5,000/- with default stipulation.

2. Short facts of the case are that the respondent No.1 filed a complaint alleging that applicant, who is running an institution (Pleasant Health Welfare Foundation) at Dongargaon and has appointed the complainant and 21 other persons on agreement basis. It is further case that the complainant and other persons deposited some amount as per the agreement, with the institution. In the agreement it was mentioned that the amount so deposited would be refunded after completion of probation period of one year. It is the case of the complainant and other persons that after completion of probation period, they have not been regularized therefore, the complainant and others demanded for refund of the amount of Rs. 3,16,000/- from the applicant/institution. The applicant issued a che