This application under Section 482 of the Code of Criminal Procedure (Cr.P.C., in short) read with Sections 483/397/401 Cr.P.C. and Article 227 of the Constitution of India has been preferred by the petitioner challenging the legality and validity of the Judgment & Order dated 25.05.2013 passed by learned Judicial Magistrate First Class (JMFC, in short), Itanagar Capital Complex in C. R. Case No.53 of 2011 under Section 138 of the Negotiable Instruments Act, 1881 (Taba Takam v. Techi Doya) convicting the petitioner under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act, in short) read with Section 252 Cr.P.C. and sentencing him to undergo Simple Imprisonment for a period of 2 (two) years, directing him to pay L 26.46,000/-, twice the amount of the cheque as fine. By the said order, the petitioner was directed to pay twice the amount i.e. L 26,46,000/- to the complainant (as compensation) under Section 357(3) of the Cr.P.C. and to deposit L10,000/-, out of the fine amount, in the Government exchequer as Court expenses and further, to pay the said amount of fine & compensation before the said trial Court within a period of 30 days from the date of receipt of the Judgment, granting him liberty to surrender before they Officer-in-Charge of Itanagar to serve the term of conviction.

2. Heard Mr. Lobsong Tenzing, learned Counsel for the accused petitioner. Also Heard Mr. Kholie Tado, learned Public Prosecutor, Arunachal Pradesh for the respondent No.1 and Mr. Domo Boje, learned Counsel for the respondent No.2/Complainant.

3. The case of the complainant/respondent No.2 in brief are as follows:

That on 25.09.2011 the petitioner signed an agreement before local witnesses to pay a sum of L 12,90,000/-to the complainant in two instalments, 1st instalment within 29.10.2011 and 2nd instalment by 30.10.2011 for an amount of L 7,00,000/-and L 6,90,000/-, with interest, respectively and that said agreement was duly countersigned by Judicial Magistrate First Class (JMFC), Itanagar on 30.09.2011. As per the said agreement, failure on the part of the petitioner to return the said agreed amount, he had to hand over the landed property with buildings mentioned in the said agreement. The petitioner failed to comply with the said agreement and on 30.10.2011 issued a cheque bearing No.010903 of Saving Bank Account No.379010200005418 for a sum of L 13,23,000/- in favour of the complainant drawn on Axis Bank, Itanagar Branch to be drawn on 30.10.2011. The said cheque was paid by the petitioner to repay the liabilities to the petitioner and the same on being deposited by the complainant in his account in the State Bank of India at Ganga Branch, it bounced on 04.11.2011 due to insufficient funds in the account of the accused petitioner. Thereafter, the complainant on 24.11.2011 issued a statutory notice to the accused petitioner that he has committed an offence under Section 138 of the N. L Act for dishonouring of the cheque and under Section 420 of the IPC for cheating a friend and asked him to pay the said amount of L 13,23,000/- to him within 15 days from the date of receipt of the said notice. The accused petitioner on 07.12.2011 filed his reply to the said notice dated 24.11.2011, refusing to make any payment towards any liability to the complainant denying that he has not committed any offence under Section 138 of the N. I. Act as he did not issue the said cheque towards the charge of any liability or any loan or debt to the complainant, but only to save his life, as the complainant and the villagers forcefully took his signature in the agreement from his residence at Jullung under threat and coercion, against which he has filed application for cancellation of the said agreement dated 25.09.2011 and also lodged and FIR on 06.10.2011 before the Officer-in-Charge of Itanagar Police Station.

4. Thereafter the respondent No.2 as a complainant on 22.12.2011 lodged a complaint under Section 190 of the Cr.P.C. read with Section 2