U.C. Maheshwari, J.

1. The applicant/accused has preferred this revision under Section 397/401 of the Code of Criminal Procedure being aggrieved by the judgment dated 10-9-2009 passed by the 1st Addl. Sessions Judge, Tikamgarh in Criminal Appeal No. 66/09, affirming with some modification with respect of the sentence awarded, in default of depositing the fine amount, the judgment dated 6-4-2009 passed by JMFC, Tikamgarh in Criminal Case No. 1881/08, convicting him for the offence under Section 138 of the Negotiable Instruments Act (in short 'the Act') with a direction to undergo one year simple imprisonment with fine/damages of Rs. 3,00,000/-, in default of depositing the same, further 3 months simple imprisonment with further direction that on depositing such sum, the same be given to the Respondent/complainant. It is noted that in appeal in the sentence in default of depositing the aforesaid sum, has been set aside by the Appellate Court.

2. The facts giving rise to this revision in short are that there was some regular loan transaction between the Respondent/complainant and the applicant. In connection of such transaction, to make payment to the Respondent, the applicant gave