1. Being aggrieved by the judgment dated 30.6.2009 passed by VIII ASJ, Indore in Criminal Appeal N 0.173/2009 whereby judgment dated 9.3.2009 passed by JMFC, Indore in Criminal Case No. 138/2006 whereby the petitioner was convicted for the offence punishable under section 138 of Negotiable Instruments Act (which shall be referred hereinafter as “NI Act") by sentencing him to undergo one year imprisonment with fine of Rs.5,000/-, was maintained, the present revision petition has been filed.

2. Short facts of the case are that respondent filed a private complaint under section 138 of NI Act alleging that the petitioner is doing the business in the name and style of Mis. Krishna Dugdh Dairy. It was alleged that petitioner was in need of money before 6-7 months of issuance of cheque which was given to the petitioner for carrying on his business by the respondent. It is submitted that after settlement of accounts petitioner issued a cheque of Rs.1,15,997/- on 7.11.2005 of Punjab and Sind Bank, Nanda Nagar, Indore in favour of respondent. It was alleged that the said cheque was deposited by the respondent for collection but the cheque was returned with an endorsement to the effect t