ORDER :

This revision is at the instance of the accused in C.C. No.617 of 2000 on the file of Judicial First Class Magistrate’s Court, Kuthuparamba, assailing the judgment in Crl. Appeal No.141 of 2004 on the file of Additional Sessions Judge (Adhoc-III), Thalassery, which upheld his conviction under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the NI Act’), though the sentence was modified and reduced.

2. C.C. No. 617 of 2000 was based on a complaint filed by the 1st respondent herein, against the revision petitioner, alleging an offence punishable under Section 138 of the NI Act. The case of the 1st respondent/complainant was that, there was financial transaction between herself and the revision petitioner regarding purchase of KL-13A-2898 bus, owned by the revision petitioner and Ext.D1 agreement dated 16.09.1999 will prove that transaction. But, the revision petitioner could not transfer the bus into her name, as agreed. So, they executed Ext.P7 agreement on 26.10.1999, whereby, the revision petitioner agreed to repay Rs.84,000/-received by him, from the 1st respondent/complainant, along with 6% interest, amounting to Rs.90,000/-in total. Out of this a