ORDER

1. The revision-applicant is an accused convicted for offence under Section 138 of the Negotiable Instruments Act, 1881 , (the said Act). The conviction and sentence imposed upon the Applicant by the Court of Magistrate were confirmed by the District Court by dismissing his appeal.

2. The principal contention raised in the present revision application is that the proceedings before the Magistrate stood vitiated for the reason that the documents filed along with the complaint, upon which the Respondent no.1-(original complainant) placed reliance on, were never marked as exhibits. According to the Applicant, this was a fundamental flaw in the manner in which the proceeding was conducted before the Court of Magistrate and, on this sole ground, the impugned judgments and orders deserve to be set aside and the matter needs to be remanded for a re-trial.

3. The Respondent no.1, i.e. the original complainant, had filed a complaint under Section 138 of the aforesaid Act, before the Court of Magistrate against the Applicant stating that the ₹ Applicant had taken a loan of 1,00,000/- and that the same was to be repaid in 60 monthly installments. The loan account was opened and the amo