JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant revision petition has been filed by the petitioner challenging the judgment dated 22.09.2023 in criminal appeal No.276/2022 passed by learned Additional District Judge No.4, Jodhpur Metropolitan (hereinafter referred to as ‘the appellate court’) by which the appellate court dismissed the appeal and upheld the judgment dated 08.07.2022 in criminal original case No.786/2019 passed by the learned Special Metropolitan Magistrate, (NI Act Cases) No.8, Jodhpur Metropolitan (hereinafter referred to as ‘the trial court’) whereby, the learned trial court convicted the present petitioner for offence under Section 138 of NI Act and sentenced him to undergo one year S.I. along with fine of Rs.80,000/-.

2. Briefly stated, the facts of the case are that the petitioner purchased a stone cutting machine for Rs.2,60,000/- from the complainant/respondent and in return gave him five cheques. He presented one of the cheques at State Bank of India, Branch Basni Industrial Area on 21.02.2016, but the said cheque was returned as dishonoured by the Bank on 23.02.2016. The complainant served a legal notice upon the petitioner through his advocate and demanded the amo