K.A. Mohammed Shafi, J.

This Criminal R.P. is filed by the accused in S.T. No. 11464 of 1993 of the Judicial First Class Magistrate's Court-II, Kozhikode. The accused is the revision petitioner. He was prosecuted for the offence punishable under S.138 of the Negotiable Instruments Act on the basis of the complaint filed by the 1st respondent. The allegation was that for an amount of Rs. 20.000/- due from the revision petitioner to the 1st respondent, he issued a cheque dated 5.6.91 to the 1st respondent. When the cheque was presented for encashment it was bounced. The revision petitioner did not pay the amount in spite of a registered notice intimating about the dishonour of the cheque and. calling upon him to pay the amount.

2. The trial court found revision petitioner guilty of the offence punishable under S.138 of the Negotiable Instruments Act, convicted and sentenced to undergo rigorous imprisonment for three months, by judgment dated 28.2.96. In Criminal Appeal No. 65 of 1996 preferred by the re vision petitioner, the Sessions Court, Kozhikode by judgment dated 30.4.97 varied the sentence and the revision petitioner was sentenced to pay a fine of Rs. 35,000/- instea