K.C.Gupta, J.

1. This revision petition is filed by Sat Pal son of Shankar Dass against the judgment dated 10.9.2001 passed by the learned Additional Sessions Judge, Gurdaspur, whereby his appeal was dismissed and the judgment and order dated 16.8.2000, passed by the Chief Judicial Magistrate, Gurdaspur, vide which the petitioner was found guilty and was convicted under Section 138 of the Negotiable Instruments Act, 1881 and was sentenced to rigorous imprisonment for one year and a fine of Rs. 4000/- and in default of payment of fine to undergo further R.I. for one month was upheld.

2. Briefly stated, the facts are that petitioner issued cheque No. A/10-459241 dated 8.11.1997 from his saving A/c No. 16858 L.F. 77 payable at State Bank of India, Gurdaspur, for a sum of Rs. 33,300/- in favour of complainant Surjit Kaur. The said cheque was presented for encashment by Smt. Surjit Kaur through her Bankers, but the same was dishonoured vide endorsement dated 6.3.1998 on account of `insufficient funds.

3. Thereafter, Smt. Surjit Kaur issued a legal notice to the petitioner on 12.3.1998 which was duly served and acknowledged by him but inspite of that notice, the petitioner failed