P.D. Rajan, J.

This revision petition is preferred by the accused against the judgment in Criminal Appeal No.360 of 2005 of the Additional Sessions Judge, Adhoc-I, Thalassery. Revision petitioner was the accused in S.T.C. No.1618 of 2003 of the Judicial First Class Magistrate Court, Mattannur which was filed under Section 138 of the Negotiable Instruments Act ("NI Act" for short). The learned Magistrate convicted the accused under Section 138 of the NI Act and sentenced to simple imprisonment for six months and compensation of Rs. 40,000/- under Section 357(3) Cr.P.C. in default, simple imprisonment for three months. Against that, the accused preferred the above criminal appeal, where the learned Additional Sessions Judge modified the sentence to imprisonment till rising of the court and compensation of Rs. 60,000/-, in default simple imprisonment for three months.

2. The complainant's case in the trial court was that the accused borrowed a sum of Rs. 40,000/- from him and in discharge of that liability he issued Ext. P1 cheque. When Ext. P1 was presented for encashment, it was dishonoured for the reason of funds insufficient. The complainant demanded the due amount by giving