ORDER :

Anubha Rawat Choudhary, J.

1. Heard Mr. Mahesh Tiwari, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Kalyan Banerjee, learned counsel appearing on behalf of opposite party No.-2.

3. Nobody appears on behalf of the opposite party-State.

4. The present criminal revision application has been filed by the petitioner for setting-aside the judgment dated 25.03.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.-1, Dhanbad in Criminal Appeal No. 170/08, whereby the learned appellate court has been pleased to set-aside the order of sentence and judgment of conviction dated 12.06.2008 passed in Complaint Petition No. 2086/04 by the learned Judicial Magistrate, 1st Class, Dhanbad.

5. The learned trial court had convicted the accused (opposite party No.-2 herein) for offence under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment of six months and also to pay a fine of Rs. 1,84,370/-, which was equivalent to the cheque amount and in default of payment of fine, the opposite party No.-2 was further directed to undergo simple imprisonment for one month.

Arguments on behalf of the petitioner

6. Learned couns