ORDER

1. This criminal revision under section 397/401 of Cr.P.C. has been filed by the applicant against the judgment of conviction dated 23.11.2021 passed by 9th Additional Sessions Judge, Satna in Criminal Appeal No.36/2020 whereby the applicant has been convicted for an offence under section 138 of the Negotiable Instruments Act and sentenced to undergo R.I. for 6 months and he has been directed to pay compensation under section 357(3) Cr.P.C. of Rs.3,88,108/- as also to pay cost of Rs.28,000/-.

2. Facts of the case, in brief, the applicant being in need of money for his domestic necessities approached the respondent for providing financial assistance to the tune of Rs.2,50,000/-. In lieu of financial assistance, he offered the respondent that he would be mortgaging his house for 5 months by executing the mortgage deed dt. 10.7.2013 and giving the cheque worth Rs.2,50,000/- of Dena Bank, Branch Satna. It was agreed that if the applicant would not be able to repay the amount of Rs.2,50,000/-, then complainant was free to lodge the cheque with its Banker. Till 31.12.2013 the applicant could not repay the amount, and accordingly, complainant asked the applicant for repayment of chequ