B.D. Agarwal, J.

1. This revision application under Section 397 /401 read with Section 482 of the Criminal Procedure Code, 1973 has been filed by the accused, assailing the legality and correctness of the judgment dated 31.12.2008, passed by the learned Sub-Divisional Judicial Magistrate, Nalbari in CR Case No. 598 of 2007 which has been affirmed by the learned Sessions Judge, Nalbari in Criminal Appeal No. 8 of 2009 vide judgment dated 30.4.2011. By these concurrent judgments the petitioner has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (briefly 'N.I. Act') and the accused/petitioner has been sentenced to pay fine of Rs. 7,70,000/- (Cheque amount) and 10% thereon with default stipulation of one year rigorous imprisonment. Heard Mr. D. Choudhury, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor and Mr. Arnali Biswas, learned counsel for the respondent No. 2/complainant. I have also perused the impugned judgments.

2. The facts of the case are very simple and in a narrow compass. Broadly the complainant's case is that the accused had borrowed a sum of Rs. 7,70,000/- for an urgent need with a promise to ret