Goverdhan Bardhar, J.

Instant revision petition has been filed against the judgment dated 19.01.2016 passed by learned Sessions Judge, Rajsamand in Criminal Appeal No. 77/2013 whereby, he dismissed the appeal filed by the petitioner and affirmed the judgment dated 07.06.2013 passed by the learned Judicial Magistrate (First Class), Rajsamand by which the petitioner has been convicted under Section 138 of Negotiable Instrument Act & 357 IPC and sentenced him to two years simple imprisonment and imposed fine of Rs. 10,00,000/- and in default of payment of fine, to undergo six months S.I.

2. As per brief facts of the case, the complainant respondent filed a complaint against the petitioner that he had advanced a loan of Rs. 5,00,000/- to the petitioner and the petitioner gave him cheque No. 601241 on dated 01.09.2007 towards the loan amount. It was alleged in the complaint that when the amount was not paid, the complainant presented the cheque to the bank on 12.11.2007 and same was dishonoured with the endorsement 'returned due to insufficient funds'. Despite the service of the statutory notice, the payment was not made to the complainant respondent. The learned trial court too