The revision is by the accused, who has been convicted of the offence under Section 138 of the Negotiable Instruments Act, for short, the ‘N.I. Act’, concurrently, by the two inferior courts. The learned Magistrate, on his conviction, had sentenced him to undergo simple imprisonment for three months and to pay a sum of Rs.3 lakhs as compensation and in default to undergo simple imprisonment for three months. Confirming the conviction, in appeal, the learned Sessions Judge modified the sentence reducing the substantive term of imprisonment to one day, till the rising of the court, retaining the sum of compensation, but, converting it to one of fine, reducing the default term of imprisonment to two months. Fine amount, if realized, was directed to be paid as compensation to the complainant. Feeling aggrieved, the accused has preferred this revision.

2. Notice given, the 1st respondent/complainant has entered appearance. I heard the counsel on both sides. The main thrust of attack pressed into service by the learned counsel for the petitioner/accused, to assail his conviction concurrently rendered by the two inferior courts, is that the challenge against the execution of Ex