JUDGMENT :

(Ravindra Maithani, J.) :

The instant revision has been preferred against the following:-

(i) The judgment and order dated 28.01.2010, passed in Criminal Complaint Case No.1 of 2009, Darshan Singh Vs. Prem Sagar Dhingra, by the court of IV Additional Civil Judge Junior Division/Judicial Magistrate, Haridwar (“the case”). By it, the revisionist has been convicted under Section 138 of the Negotiable Instruments Act, 1881 (“the NI Act”) and sentenced to imprisonment till the rising of the court, along with a fine of Rs. 5,000/-. And;

(ii) Judgment and order dated 17.01.2018, passed in Criminal Appeal No.09 of o2010, Prem Sagar Dhingra Vs. State and Another, by the Court of IV Additional Sessions Judge, Haridwar. By it, the appeal preferred against the judgment and order dated 28.01.2010, passed in the case, has been rejected.

2. Heard learned counsel for the revisionist and perused the record.

3. The case is based on a complaint under Section 138 of the NI Act filed by the private respondent (“the complainant”). According to it, the revisionist had taken Rs. 60,000/- as loan from the complainant. After sometime, the revisionist gave three cheques of Rs. 10,000/-, Rs. 10,000/