ORDER: This revision petition is directed against the judgment dated 31st August, 2000 passed by the 5th Additional Sessions Judge, Ernakulam in Criminal Appeal No. 485 of 1998. By a Common judgment/order rendered in Criminal Appeal No. 485 of 1998 and Crl.R.P. No. 43 of 1999, the learned Sessions Judge had upheld the judgment dated 18.11.1998 passed by the learned Judicial First Class Magistrate, North Parur in C.C. No. 559 of 1996. By the said judgment the learned Magistrate has found the accused guilty of the offence punishable under Sec. 138 of Negotiable Instruments Act. He was convicted and sentenced to undergo simple imprisonment for a period of one year.

2. The complainant alleged that the revision petitioner/accused had issued Ex.P-2 cheque to her for an amount of Rs.three lakhs. The accused is the brother-in-law of the complainant. When the matrimonial life ran into rough weather, because of differences of opinion between the spouses, an agreement (Ex.P-1) was executed between the concerned parties. At the time of settlement of the disputes Ex.P-2 cheque for Rs.three lakhs was allegedly issued by the accused/revision petitioner to the complainant. The said cheque when pres

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