1. The revision petitioner is the accused in C.C.No.7/2002 on the files of the Judicial First Class Magistrate’s Court, Vaikom. The above complaint was filed by the first respondent herein alleging the offence punishable under S.138 of the Negotiable Instruments Act, 1881 (for short, the N.I. Act’). The complainant’s case is that the accused purchased coconuts from the complainant/Society and towards the price of the coconuts purchased upto July 2000, a sum of Rs.16,000/- was due from the accused to the Society and in discharge of the said debt, the accused issued Ext.P1 cheque in favour of the Secretary of the Society, Sri. Karunakaran Nair and, when the cheque was presented for encashment, it was dishonoured and returned for want of sufficient funds. So also, despite the receipt of notice under S.138(b), of the N.I. Act, the accused has not repaid the cheque amount.

2. 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 two months and to pay a compensation of Rs.18,000/- to the complainant under S.357(3) of the Cr.P.C. and in default, to undergo simple impr