JUDGMENT :

ANUBHA RAWAT CHOUDHARY, J.

1. Heard Mr. A.K. Sahani, the learned counsel appearing on behalf of the petitioner.

2. Heard Mr. P.D. Agrawal, the learned A.P.P. appearing on behalf of the Opposite Party-State.

3. Heard Mr. Rohit Ranjan Sinha, the learned counsel appearing on behalf of Opposite Party No. 2.

4. The present criminal revision petition has been filed challenging the judgment dated 22.11.2010 passed by the learned Additional Sessions Judge, FTC-III, Dhanbad in Criminal Appeal No. 115 of 2008 whereby the judgment of conviction and the order of sentence both dated 03.04.2008 passed by the learned Judicial Magistrate, 1st Class, Dhanbad in C.P. No. 179 of 2003 has been affirmed and the criminal appeal has been dismissed. The petitioner has been convicted for offence under Section 138 of Negotiable Instruments Act and has been sentenced to undergo Rigorous Imprisonment for a term of six months and to pay a fine of Rs. 2 lakhs and in case of default of payment of fine, the petitioner has been directed to further undergo Simple Imprisonment for three months.

5. The learned counsel for the petitioner submitted that the impugned judgment of conviction of the petitioner is ex-f