ORDER

This revision petition has been filed challenging the concurrent finding of conviction and sentence imposed on the petitioner under Section 138 of the Negotiable Instruments Act (for short "NI Act")

2. The 2^nd respondent filed a private complaint against the petitioner before the Judicial First Class Magistrate Court-II, Thodupuzha (for short 'the trial court') alleging offence punishable under Section 138 of NI Act. According to the complainant, the accused owed him a sum of Rs.7 lakhs in a land transaction and towards the payment of the said debt, he issued Ext.P3 cheque, which on presentation was dishonoured for want of sufficient funds. Even though statutory notice under (b) of NI Act was issued, there was no compliance. Hence, the prosecution was launched.

3. On the side of the complainant, the complainant himself gave evidence as PW1. Exts.P1 to P9 were marked. On the side of the defence, two witnesses were examined as DW1 and DW2. After the trial, the trial court found the petitioner guilty for the offence punishable under Section 138 of NI Act and he was convicted and sentenced to undergo simple imprisonment for a period of one year and to pay a compensation of