JUDGMENT

This revision is directed against concurrent findings of guilt of the revision petitioner under Section 138 of the Negotiable Instruments Act , 1881 (for short, ‘NI Act’) and consequent passing of orders of conviction and sentence by Special Judicial First Class Magistrate Court (N.I. Act cases), Kozhikode, (for short ‘the trial court’) in S.T.No.33/2018, and 1st Additional Court of Sessions, Kozhikode, (for short, ‘the appellate court’) in Criminal Appeal No.461/2019. The revision petitioner was convicted and sentenced by the trial court to pay a fine of Rs.92,000/- (Rupees Ninety Two Thousand only) and to undergo simple imprisonment for three months in default of payment of the fine amount. The fine amount was also directed to be paid as compensation to the complainant under Section 357 (1) (b) of the Code of Criminal Procedure (for short, ‘Cr.P.C’). When the judgment of the trial court was assailed in appeal, the Appellate Court has confirmed the sentence.

2. Learned counsel for the petitioner has contended that statutory notice as contemplated by Clause (b) of proviso to section 138 was not served on the revision petitioner. According to him, the contention was taken in