K. Harilal, J.

The revision petitioner is the accused in C.C. No. 572/05 on the files of the Judicial First Class Magistrate's Court-I, Erattupetta, as well as the appellant in Crl. Appeal No. 106/07 on the files of the Additional Sessions Judge, Pala. He was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short `the Act') on a complaint filed by the complainant/2nd respondent. After trial, the learned Magistrate found the revision petitioner guilty of the said offence and convicted thereunder. He was sentenced to undergo simple imprisonment for a period of one year under Section 138 of the N.I. Act and to pay a compensation of Rs.14,27,464/- to the complainant/2nd respondent under Section 357(3) Cr.P.C. and in default, to undergo simple imprisonment for six months. Though he had preferred an appeal, the appellate court also confirmed the conviction and sentence. This revision petition is filed challenging the concurrent findings of conviction and sentence entered on various grounds.

2. The case of the complainant is that towards the payment of the value of timber supplied, the accused issued Ext. P1 cheque dated 31/3/200