JUDGMENT :

Heard Mr. P.K. Tiwari, learned counsel for the petitioner and also heard Mr. B. Deka, learned counsel for the respondent.

2. In this criminal revision petition, under 397/401 of the Code of Criminal Procedure, the petitioner has challenged the legality, propriety and correctness of the judgment and order dated 13.11.2014, passed by the learned Sessions Judge, North Lakhimpur, in Criminal Appeal No. 43[4]/2013. It is to be noted here that vide impugned judgment and order the learned Court below has affirmed the judgment and order passed by the learned Chief Judicial Magistrate, Lakhimpur convicting the petitioner under section 138 of the N.I. Act and sentencing him to pay a fine of Rs. 5,000/-with default stipulation, in CR Case No.248/2009, under section 138 of N.I. Act.

3. The factual background leading to filing of the present application is briefly stated as under:-“Shri Ajay Agarwal, hereinafter the respondent, has a computer shop namely ‘Computer Solution’ in North Lakhimpur Town, and Sri Joluk Ninu of Itanagar, hereinafter the petitioner, came to the shop of the respondent and purchased computer, laptop, desktop and other computer accessories for a sum of Rs. 4,07,880