ORDER :

This revision petition is directed against the judgment dated 29.05.2007 in Crl.A. No.865/05 on the files of Additional District and Sessions Judge (Fast Track) (Adhoc-I), Kozhikode which was originated from judgment dated 07.12.2005 of Judicial First Class Magistrate-III, Kozhikode in CC No.200/2003.

2. The revision petitioner is the accused in a prosecution launched by the 1st respondent under Section 142 of the Negotiable Instruments Act, 1881 (for short the 'NI Act') alleging commission of an offence punishable under Section 138 NI Act. The allegation raised in the complaint to launch the prosecution under Section 142 N.I Act was that a sum of Rs.1,00,000/-was advanced by the complainant to him by way of a cheque bearing No.46121 dated 16.06.2001 drawn from the Account maintained with the main branch of State Bank of India, Kozhikode. When the amount was advanced, the accused has promised to repay the same after a year. After the expiry of one year, the amount was demanded back and the accused then issued cheque bearing No.348872 dated 18.11.2002 for a sum of Rs.1,00,000/-drawn on Syndicate Bank, Mavoor Road Branch, Kozhikode towards repayment. The cheque was presented be