ORDER

Revision petitioner herein stands indicted for offence punishable under section 138 of the Negotiable Instruments Act, convicted and sentenced by both trial court and appellate court. According to the complainant, accused had borrowed 35 sovereigns of gold ornaments from the complainant in the year 2002. A part of the gold ornaments were returned. Gold ornaments worth Rs.2,00,000/- were due. A mediation was attempted in December 2010, which failed. Thereafter, accused and his sons physically assaulted the complainant, which resulted in a crime being registered. During the pendency of the crime, accused and his children approached the complainant and settled the dispute. Towards the discharge of the money due, a cheque of Rs.2,00,000/- was issued. The cheque was presented for collection and was returned dishonoured. After issuing statutory notice, complaint was laid. Accused had appeared and contested the proceedings. According to him, Ext.P1 cheque was given for settling the criminal case. He contended that there was no legally enforceable debt and that, the cheque was not supported by consideration.

2. On the side of the complainant, he was examined as PW1 and he relied on Ext