M. D. SHAH, J. This revision is directed against the judgment and order dated 23rd July, 2007 passed by the learned Sessions Judge, Gandhinagar, in Criminal Appeal No. 20 of 2007 confirming the judgment and order of conviction and sentence dated 9th March, 2007 recorded by the learned 6th Addl. Senior Civil Judge & J.M.F.C., Gandhinagar, in Criminal Case No. 6625 of 2000 sentencing the applicant-accused to suffer one year S.I. and to pay fine of Rs.10,000/-, in default, to suffer further S.I. for 45 days for the offence under Sec. 138 of Negotiable Instruments Act.

2. The short facts are that the complainant, a proprietary firm, doing business in the name and style of Harjas Coatings and Pol had supplied goods to the accused. The complainant received only a part of the amount and for the remaining amount, he received ICICI Bank cheque of Kanpur Bninch, Kanpur (U.P.) dated 25-3-2005 drawn in his name for Rs. 10,00,000/- from the accused. On presentation of the said cheque with ICICI Bank, Gandhinagar Branch, on 9-9-2005, it was returned with an endorsement "funds insufficient". Hence, a statutory notice was issued to the accused on 10-9-2005 which was duly served upon him. Si