O R D E R

The first respondent herein prosecuted the revision petitioner in S.T.No.810/1999 on the file of the Judicial Magistrate of First Class, Chittur accusing offence under Section 138 of the Negotiable Instruments Act (N.I.Act) based on a cheque for Rs.10,000/-. After full fledged trial, the learned Magistrate arrived at a finding of guilty. Consequently the revision petitioner was convicted and sentenced to simple imprisonment for one month and a fine of Rs.5,000/- with a default sentence of simple imprisonment for 15 days.

2. Aggrieved by the above conviction and sentence, the revision petitioner preferred Crl.A.No.287/2001 before the Sessions Judge, Palakkad. The IInd Additional Sessions Judge to whom the appeal was made over, by the impugned judgment dated 18.1.2004, while confirming the conviction and sentence dismissed the appeal. Assailing the legality, correctness and propriety of the above conviction and sentence, the revision petition is filed.

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3. Today when the revision petition came up for hearing, Sri. Ravi K. Pariyarath, the learned counsel appearing for the revision petitioner would submit that he is not assailing the conviction and that the sentence alone is