BADAR DURREZ AHMED, J.

( 1 ) THIS revision petition is directed against the judgment dated 12. 10. 2006 delivered by the learned Additional Sessions Judge dismissing the petitioner's appeal under section 374 (3) (a) of the Code of Criminal procedure, 1973 against the order of conviction dated 10. 5. 2006 and order on sentence dated 12. 5. 2006 passed by the learned Metropolitan Magistrate. The petitioner had been convicted for the offence under Section 138 of the Negotiable instruments Act, 1881 and had been sentenced to simple imprisonment for six months. Besides this, the petitioner was directed to pay compensation under Section 357 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) to the complainant to the tune of Rs 5 lacs and, in default, to undergo further simple imprisonment for three months.

( 2 ) THE learned Additional Sessions Judge dismissed the appeal primarily on the ground that the petitioner had failed to raise any probable defence and failed to rebut the presumption that the cheque in question was issued in discharge of his liability.

( 3 ) THE petitioner had allegedly issued a cheque dated 27. 12. 1999 for a sum of Rs 3,15,000/- in fa