This revision petition is directed against the judgment dated 31st August 2000 passed by the 5th Additional Sessions Judge, Ernakulam in Crl. Appeal No. 485/98. By a common judgment / order rendered in Crl. Appeal 485/98 and Crl.R.P. 43/99, the learned Sessions Judge had upheld the judgment dated 18-11-1998 passed by the learned Judicial First Class Magistrate, North Parur in C.C.559/96. By the said judgment the learned Magistrate had found the accused guilty of the offence punishable under Sec. 138 of Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment for a period of one year.

2. The complainant alleged that the revision petitioner/accused had issued Ext.P2 cheque to her for an amount of Rs. Three Lakhs. The accused is the brother in law of the complainant. When the matrimonial life ran into rough weather, because of differences of opinion between the spouses, an agreement (Ext.P1) was executed between the concerned parties. At the time of settlement of the disputes Ext.P2 cheque for Rs.Three lakhs was allegedly issued by the accused/revision petitioner to the complainant. The said cheque when presented for encashment was dishonour