O R D E R

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The petitioner, who is the accused in C.C.No.377/1997 of the Judicial First Class Magistrate's Court, Adimaly, has challenged his conviction and sentence for the offence under Section 138 of the Negotiable Instruments Act before the Sessions Court, Thodupuzha through Criminal Appeal No.14/2000. The learned Additional Sessions Judge confirmed the conviction and modified the sentence by imposing a sentence of simple imprisonment for one month and ordered to pay compensation of `2,000/- under Section 357(3) Cr.P.C. 2. The case before the trial court is as a result of a private complaint filed by the first respondent herein as complainant against the petitioner herein as accused, alleging offence under Section 138 of the N.I. Act. It is alleged that the petitioner had borrowed an amount of `15,000/- from the first respondent, in discharge of which, he issued Ext.P1 cheque on 30-05-1997 which, on presentation, returned dishonoured for insufficiency of funds in the accounts of the accused. Even though Ext.P4 demand notice was issued, it did not evoke any response.

3. According to the learned counsel for the petitioner, the first respondent has failed to prove even pr