Hon’ble Prafulla C. Pant, J.

1. This revision is directed against the order dated 07.01.2004, passed by Additional Sessions Judge/1st Fast Track Court, Dehradun, in Criminal Appeal No. 16 of 2003, whereby said court has partly allowed the appeal but affirmed the conviction and sentence recorded by the trial court (Special Judicial Magistrate, Dehradun) in Criminal Complaint Case No. 854 of 2003, against the accused/revisionist.

2. Heard learned counsel for the parties and perused the lower court record.

3. Brief facts of the case are that respondent No.2 Gulab Singh filed a criminal complaint before the Magistrate with the allegations that on 29.11.1999, respondent No.2 Gulab Singh, in order to repay loan of Rs. 50,000/- payable by him to the complainant gave a Cheque Bearing No. 0093159 (Ex. A1). However, on presentation of said cheque with the bankers, the same was dishonored on 09.12.1999. Consequently, on 13.12.1999, notice was issued by the complainant to the respondent No.2 (drawer). However, he failed to make a payment within 15 days of receipt of the notice. Hence, the criminal complaint was filed in respect of offences punishable under Section 138 of Negotiable In