Crl.R.P.852/2002 is filed by the accused in C.C.418/1999 on the file of the Additional Chief Judicial Magistrate, Economic Offences, Ernakulam. C.C.418/1999 was taken on file by the Magistrate on the basis of a complaint filed by the first respondent alleging commission of the offence punishable under Sec.138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act). The allegation was that the petitioner issued a cheque for Rs.20,000/- to the first respondent and it was dishonoured for the reason that there was no sufficient amount in the account maintained by the petitioner in the bank. After dishonour of the cheque, notice was issued to the petitioner demanding payment of the amount covered by the cheuqe. A complaint was filed by the first respondent alleging commission of the offence punishable under Sec.138 of the Act since the petitioner did not pay the amount within 15 days of receipt of notice. After taking evidence, the learned Magistrate found that the petitioner committed the offence under Sec.138 of the Act and on convicting him thereunder sentenced him to undergo rigorous imprisonment for three months and to pay compensation of Rs.20,000/- und