1. The revision petitioners herein are the accused. Aggrieved over the conviction and sentence by the Judicial Magistrate No. IV Salem, which was confirmed by the 1st Additional District and Sessions Judge, Salem, awarding simple imprisonment of one year each and to pay a fine of Rs. 5000/- each and in default to undergo simple imprisonment for two months each, under Section 138 of the Negotiable Instruments Act, the present revision came be filed by the accused/revisionists.

2. For the sake of convenience, the parties are referred to, as per their ranking before the trial Court.

3. Facts and circumstances giving rise to this revision are:

(i) The 2nd and 3rd accused are husband and wife and they were running Motorcycle company at Erode and Salem. In the month of December, 2005 both of them approached the complainant and borrowed a sum of Rs. 10,00,000/- on 18.12.2005 (Ex.P1) as loan for their business purpose on behalf of the 1st accused Firm and in consideration thereof, a cheque was given to the complainant by the accused under the signature of 2nd accused. They also pleaded of financial crunch and ensured to pay back the amount to the complainant within a month and trusting