JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. P.P. Dutta, learned Amicus Curiae appearing for and on behalf of the petitioner as well as Mr. M.H. Rajbarbhuiyan, learned counsel representing the respondent.

2. By way of this revision, the petitioner has challenged the impugned judgment and order dated 21.11.2009, passed by the learned Appellate Court of Addl. Sessions Judge, Nagaon, in Criminal Appeal No.35/2007, whereby the learned Appellate Court has affirmed the order of learned trial Court of the Chief Judicial Magistrate, Nagaon wherein accused was convicted under Section 138 of N.I. Act and sentenced the accused/petitioner to pay a fine of Rs.2,50,000/- (Rupees two lakh fifty thousands) as compensation to the complainant, passed in C.R. Case No.1577/2001.

3. Briefly stated the case of the petitioner is that one Md. Amir Khan, complainant/ respondent lodged a complaint against the present petitioner u/s.138 of the N.I. Act, alleging that the complainant is a registered professional money lender having valid registration certificate. The accused Nurul Islam (present revision petitioner) is a business man of the locality who approached the complainant seeking a loan of Rs.3 lacs and th