ORDER :

1. Learned counsel for the petitioner Mr. Hadish Ansari is present.

2. Learned counsel for the State Mr. Jitendra Pandey is also present.

3. The present revision application has been filed against judgment dated 17.01.2012, passed by the learned Sessions Judge, III, Jamshedpur, in Criminal Appeal No. 263 of 2008 by which the criminal appeal filed by the petitioner was dismissed.

The petitioner has been convicted and sentenced vide order dated 12.09.2008 passed by learned Judicial Magistrate, 1st Class, Jamshedpur in complaint case C/1 case no. 468/2003/T.R. No. 683 of 2008 by which the petitioner was found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to undergo rigorous imprisonment for one year and was also directed to pay a sum of Rs. 43,000/- to the complainant as compensation.

4. Learned counsel for the petitioner submits that although the complaint case was filed for the offence under Sections 420 IPC and Section 138 of the Negotiable Instruments Act, but ultimately the petitioner was convicted only under Section 138 of the Negotiable Instruments Act. Learned counsel submits that the cheque was presented twice and