( 1 ) THIS appeal under Section 374 Cr. P. C. is directed against the judgment dated 7. 9. 2002 holding the appellant guilty under Section 138 of the Negotiable Instruments Act and the order dated 18. 10. 2002 sentencing the appellant to imprisonment for a period of three months and to pay a penalty of Rs. 24,000/ -.

( 2 ) RESPONDENT No. 2 filed the complaint stating that the appellant had taken a loan of Rs. 50,000/- on 10. 8. 1993 and issued 25 post dated cheques of Rs. 3,000/- each; 4 cheques dated 10. 9. 1993, 10. 10. 1993, 10. 11. 1993 and 10. 12. 1993 when presented to the bank for encashment were dishonoured for "insufficient funds". The complainant sent separate notices to the appellant. One notice was served upon the appellant and the appellant avoided the service of other notices. After pre-summoning evidence, the appellant was summoned and he pleaded not guilty. The complainant in support of its case proved the loan agreement, the dishonoured cheques and the notice issued by him. In cross-examination it was put to the complainant that he had received Rs. 2,000 in cash in August, 1993, the appellant in his statement admitted the issuance of cheques and t