( 1. ) BEING aggrieved by judgment dated 8-11-06 passed by IInd Additional sessions Judge, (Fast Track), Neemuch in Criminal Appeal No. 180/05, whereby the judgment dated 16-9-05 passed in Criminal Case No. 622/03, whereby the petitioner was convicted under Section 138, Negotiable Instruments Act, (which shall be referred hereinafter as an Act) and was sentenced for RI for a period of one year with fine of Rs. 5,000/- was modified and the sentence of RI was set aside with a direction to pay a fine of Rs. 40,000/- and in case of default the petitioner shall be sent to jail for a period of six months, the present petition has been filed.

( 2. ) SHORT facts of the case are that the respondent No. 1 filed a complaint alleging that petitioner was in need of money in connection of his business, therefore, respondent No. 1 gave a sum of Rs. 37,000/- to the petitioner as loan on 5-2-2003. Further case of the respondent No. 1 was that petitioner gave post dated cheques of Rs. 15,000/-, Rs. 7,000/-, Rs. 12,000/- and rs. 3,000/-, dated 25-3-03,24-4-03,20-5-03 and 7-7-03 of Jila Sahkari Kendriya bank, Mandsaur to the respondent No. 1. Further case of the respondent No. 1, was that on 9-