JUDGMENT : 

Being aggrieved by the judgment dated 22/09/08 passed by XIASJ, Indore in Cr. A. No. 151/08 whereby the judgment dated 11/03/08 passed by JMFC, Indore in Criminal Case No. 1336/06 where by the petitioner was convicted for an offence punishable under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as an "Act") with imprisonment of one year and fine of Rs. 3,50,000/-, was maintained, the present petition has been filed.

2. Short facts of the case are that on 02/01/06 a complaint was filed by the respondent against the petitioner for an offence punishable under Section 138 of the Act, alleging that the petitioner was in need of money, hence loan of Rs. 2,55,000/- was given by the respondent to the petitioner on 11/02/05, upon payment of interest @ 2% per month, for which a promissory note was executed by the petitioner in presence of witnesses. It was alleged that the petitioner was required to repay the amount up to 11/11/05, for which a cheque was issued by the petitioner for a sum of Rs. 3,00,900/- with an understanding that upon presentation the cheque amount shall be paid to the respondent. It was alleged that the cheque was