Paran Kumar Phukan, J.

The revision petitioner stood convicted and sentenced to suffer Simple Imprisonment for 6 (six) months and to pay a compensation of Rs. 18,00,000/- (Rupees Eighteen Lacks) u/s 138 of the Negotiable Instruments Act (in short N.I. Act) by the learned Sub Divisional Judicial Magistrate (S) No. II, Kamrup, Guwahati in Complaint Case No. 4905c/2008. In appeal the learned Addl. Sessions Judge No. 2, Kamrup, Guwahati affirmed the judgment of the learned SDJM No. II reducing the sentence of imprisonment to one month from six months without interfering with the compensation part.

2. Being aggrieved by the judgment the revision petitioner has preferred this petition on the ground that the proceeding not only got vitiated due to improper recording of statement u/s 313 of the CrPC but also the Courts below failed to appreciate the legal position with regard to the non existence presumption of debt u/s 139 of the N.I. Act.

3. Heard Mr. M. Dutta, learned counsel appearing for the petitioner. Also heard Mr. B. Chakraborty, learned counsel appearing for the respondent No.1 as well as Mr. B. J. Dutta, learned Addl. PP appearing for the respondent No. 2.

4. Mr.