O R D E R

This revision is at the instance of the accused in CC No.163 of 2003 on the file of Judicial First Class Magistrate Court-III (Mobile Court), Ernakulam, assailing the judgment in Crl.Appeal No.526 of 2007 on the file of Additional Sessions Judge (Adhoc-II), Ernakulam, which upheld his conviction and sentence under Section 138 of the Negotiable Instruments Act (hereinafter referred as ‘the N.I Act’). 2. CC No.163 of 2003 arose out of a complaint filed by the 2^nd respondent/complainant against the revision petitioner under of the N.I Act. The allegation in the complaint was that, the complainant/2^nd respondent, a partnership firm engaged in the wholesale business of readymade garments at Ernakulam, supplied readymade items to the revision petitioner who was running a shop by name M/s.Arafa Tex at Kollam. Towards the cost of readymade garments purchased by the revision petitioner from the complainant/2^nd respondent, he issued cheque No.13859 dated 10.10.1998 drawn on Federal Bank Limited, Umainalloor branch for an amount of Rs.42,639/-. When the complainant presented that cheque for encashment, it was returned unpaid for the reason ‘exceeds arrangement’. The complainant/