JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. B Choudhury, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Addl. PP, appearing for the State Respondent No. 1 and Mr. H Kalita, learned counsel for respondent No. 2.

2. In this petition, under Section 397/401 Cr.P.C. the petitioner has challenged the legality, propriety and correctness of the Judgment and Order, dated 02.01.2020, passed by the learned Additional Sessions Judge No. 3, Kamrup (M), Guwahati in Criminal Appeal No. 163/2018.

3. It is to be noted herein that vide impugned judgment and order, the learned Addl. Sessions Judge has upheld the judgment and order dated 13.09.2018, passed by the learned Judicial Magistrate First Class, (JMFC) Kamrup (M) in C.R. Case No. 3192/2016, wherein, the learned court below has convicted the petitioner under section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for 6 months and also to pay Rs.3,50,000/- against the cheque amount of Rs.1,80,000/- with default stipulation. However, the learned Addl. Sessions Judge has modified the sentence of imprisonment from six months to one month only.

4. The factual background leading to the filing of th