“(C.R)”

1. The challenge in this Crl. Revision Petition is against the conviction and sentence imposed against the revision petitioner, who is the accused in a prosecution for the offence punishable under section 138 of the Negotiable Instruments Act (for short, the N.I.Act).

2. The case of the complainant, the first respondent herein, is that the complainant and the accused are close family friends and out of that relationship, the revision petitioner/accused borrowed a sum of Rs.2,50,000/- from the complainant on 5.12.2003 and on receipt of the said amount, towards the discharge of the said liability, the accused issued a cheque dated 5.12.2003. According to the complainant, when the above said cheque was presented for encashment, the same was dishonoured for the following reasons: (1) Drawer's signature incomplete, (2) payment stopped by the drawer and (3) funds insufficient. On receipt of the dishonour memo, the complainant caused to issue a lawyer notice informing the accused regarding the dishonour of the cheque and also demanding for the payment of the amount covered by the dishonoured cheque and in spite of receipt of the notice, no amount is paid by the accused