Present revision has been filed against judgment dated 25.05.2023 passed by First Additional Sessions Judge, Badnawar in Criminal Appeal No.07/2021 whereby learned Sessions Court partly allowed the appeal by affirming the conviction under Section 138 of Negotiable Instruments Act, 1881 and modified the sentence by reducing the period of sentence from six months R.I to till rising of the Court so also enhanced the compensation amount under Section 357(3) of Cr.P.C to Rs.2,05,042/-against the order passed by Judicial Magistrate First Class, Indore in SCNIA No.01/2017 wherein the applicant has been convicted under Section 138 of Negotiable Instruments Act, 1881 and sentenced him to undergo 6 months rigorous imprisonment and compensation of Rs.1,64,000/.

2. Prosecution story in brief is that the respondent who happens to be the nephew of the applicant took cash loan of Rs.1,27,300/- from the applicant and furnished cheque bearing no.49453 dated 04.10.2016 for Rs.1,27,300/- towards repayment. The aforesaid cheque was presented before the Bank, however, the same was returned with memo "Insufficient funds". Applicant sent a legal notice to the respondent which was received by him, but