Honble HEGDE, J.–This appeal by special leave is preferred against the judgment of the High Court of Kerala at Ernakulam dated 17.11.1995 made in Criminal Appeal No.438/93 whereby the appellant herein was found guilty of an offence punishable under Section 138 of the Negotiable Instruments Act (the Act), and was convicted and sentenced to pay a fine of Rs.37,500/- and in default to undergo RI for a period of 3 months. The High Court had further directed that out of the fine, if realised, a sum of Rs.34,500/- should be paid to the respondent herein by way of compensation.

(2). Briefly stated, the prosecution case is that the respondent herein on 1.11.1990 had advanced a cash sum of Rs.26,500/- for expansion of the appellants hospital and towards the repayment of the said amount, the appellant had issued a cheque for the said sum which when presented to the bank, was dishonoured with an endorsement ``Payment stopped by the drawer. The respondent after issuing the required statutory notice, filed a complaint against the appellant for offence under Section 138 of the Act, as stated above. The plea of the appellant was that no cheque was issued to the respondent nor any amount was borrow

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