H.R.Panwar, J.-By the instant revision under Section 397 CrPC, the accused-petitioner has challenged the Judgment and order impugned dated 12.2002 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Udaipur (for short, "the appellate Court") in Criminal Appeal No. 31/2000, by which the appellate Court dismissed the appeal filed by the petitioner against the Judgment and order dated 4.2000 passed by the Judicial Magistrate (Junior Division) No. 2 (South), Udaipur (for short, "the trial Court") convicting and sentencing the petitioner for the offence under Section 138 of the Negotiable Instrument Act, 1881 (for short, "the Act").

2. The facts of the case, relevant and necessary for disposal of this revision petition, are that complainant Naresh filed a complaint before the trial Court stating therein that the accused-petitioner purchased colour of Rs. 39, 000/-on credit basis and issued a cheque for this amount. On presentation, the bank dishonoured the cheque on account of insufficiency of amount in the account of the petitioner. A notice was given but despite notice, the petitioner did not pay the aforesaid amount. After hearing the parties and appreciating