ORDER :

1. Heard Mr. S. Islam, learned counsel for the petitioner and Mr. S. Nawaz, learned counsel for the respondent.

2. By filing this application under section 482 Cr.P.C. the petitioner, who has been convicted in a proceeding initiated under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “NI Act”) which was affirmed by the learned lower appellate Court has assailed the judgment and order dated 16.05.2019, passed by the learned Sessions Judge, Tinsukia in Crl. Appeal No. 5(1)/2018, thereby affirming the judgment dated 20.01.2018, passed by the learned Addl. Chief Judicial Magistrate, Tinsukia in N.I. Case No. 34/2012 and sentenced to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.10,00,000/- (Rupees ten lakh only) under section 357 Cr.P.C.

3. The parties herein are referred to as per their array in this criminal petition to avoid any confusion. The respondent is the complainant before the learned trial Court and the petitioner is the accused in the complaint case.

4. In brief, the case of the respondent in the complaint was that on the request of the petitioner, the respondent had given a sum of Rs.7.00 lakh in c