1. This petition is filed by the respondent in Criminal Appeal No.470 of 1994 under Sec.482 of the Crl.P.C. praying to afford the petitioner an opportunity of being heard on the question of sentence and to modify the order of sentence as deemed just and proper by this Court.

2. The petitioner was the accused in C.C.No.40 of 1993 on the file of the Judicial First Class Magistrate's Court, Changanassery, wherein he was prosecuted for the offence punishable under Sec.138 of the Negotiable Instruments Act on the basis of the complaint filed by the respondent. After trial the lower court found the petitioner was not guilty of the offence punishable under Sec.138 of the Negotiable Instruments Act, acquitted and set him at liberty, by judgment dated 27.1.1994. The respondent herein preferred Criminal Appeal No.470 of 1994 before this Court challenging the order of acquittal. This Court after hearing both sides, by judgment dated 5.2.1998 reversed the findings of the lower court, found the petitioner guilty of the offence punishable under Sec.138 of the Act and convicted and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs.3,000 in default of payme