JUDGMENT :

Heard Mr. A. Tewari, learned Amicus Curiae appearing on behalf of the petitioner. Also heard Ms. A. Begum, learned Additional Public Prosecutor for the State respondent No. 1 and Mr. S. Islam, learned counsel appearing on behalf of Mr. N. Islam, learned counsel for the respondent No.2.

2. This is an application filed under Sections 401 read with Section 397 of the Code of Criminal Procedure, 1973 challenging the Judgment and Order dated 29.11.2008 passed the learned Additional Sessions Judge (FTC), Bongaigaon, in Criminal Appeal No.08(I)/2007 by upholding the Judgment and order dated 17.01.2007 passed by the learned Sub-Divisional Judicial Magistrate (S) (in short SDJM), Bongaigaon in C.R. Case No.123/2005 by convicting and sentencing the accused petitioner under Section 138 of Negotiable Instrument Act (in short N.I. Act) to pay a fine of Rs.1,05,000/-(Rupees One Lac and five thousand) only and in default rigorous imprisonment for 1(one) year and to release the said amount in favour of the complainant/present respondent as a compensation as provided under Section 357 of Cr.P.C.

3. The brief facts leading to the filing of the present petition is that;

3.1. The accused petiti