ORDER

The concurrent findings of the Judicial First Class Magistrate Court (NI Act cases), Kozhikode, and the Sessions Court, Kozhikode, convicting and sentencing the petitioner for the commission of offence under Section 138 of the NI Act, are under challenge in this revision. As per the impugned judgment rendered in C.C.No.839 of 2015 on 29.08.2016, the learned Magistrate sentenced the petitioner to pay fine Rs.87,155/- with a default clause of Simple Imprisonment for three months. The Appellate Court upheld the above verdict and dismissed the appeal, which the petitioner had filed as Crl.A.No.391 of 2016.

2. The case relates to the dishonour of a cheque for an amount of Rs.87,155/- executed and issued by the petitioner towards the repayment of a debt which he incurred with the complainant / 1^st respondent. Before the Trial Court, the 1^st respondent and one witness tendered oral evidence as PWs 1 and 2. Eight documents were produced and marked in evidence from the part of the 1^st respondent. The petitioner did not opt to adduce any defence evidence. It is after the evaluation of the aforesaid evidence that the learned Magistrate found the petitioner guilty of commission of offen