JUDGMENT :

RAKESH THAPLIYAL, J.

1. Present Application, under Section 482 of Cr.P.C. has been preferred by the applicant, who is in jail after conviction pursuant to the judgment rendered by the IInd Additional Civil Judge (Junior Division)/Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No. 867 of 2005 dated 04.01.2010, whereby the applicant has been convicted in respect of the offence punishable under Section 138 of the Negotiable Instruments Act with one year simple imprisonment with fine of Rs. 1,000/- failing which, he has to undergo further one month”s simple imprisonment. In addition to this, a compensation of Rs. 35,000/- was also awarded to the complainant in view of Section 357(3) of the Code of Criminal Procedure. Against this judgment dated 04.01.2010, whereby the applicant was convicted, a Criminal Appeal being Criminal Appeal No. 05 of 2010 Kushdwaj Shamal vs. State of Uttarakhand and Another was preferred before the Additional District and Sessions Judge, Kashipur, District Udham Singh Nagar and the said Appeal was dismissed on 11.01.2011, against which a Criminal Revision being Criminal Revision No. 05 of 2011 was also preferred before this