was challenged by the accused in Crl. P. No.3717/2016, which was allowed by this Court on 25.07.2016 and on payment of cost of Rs.2,000/- by the accused/petitioner therein to the complainant / respondent therein, the accused was permitted to cross-examine PW.1 and tender any evidence on his behalf, if found so necessary and the accused was directed to be present before the Trial Court on 06.08.2016 for crossexamination of the complainant. However, the accused did not cross-examine the complainant and therefore , the Trial Court considering the fact that inspite of the aforesaid direction of this Court in Crl.P. No.3717/2016, the accused neither crossexamined PW.1 nor led any evidence on his behalf, held that the accused failed to disprove the case of the complainant by furnishing cogent evidence and accordingly, passed a Judgment dated 06.08.2016 convicting the petitioner for the offence punishable under Section 138 of the N.I. Act and sentenced him to pay fine of Rs.5,000/- and in default of payment of fine, directed him to undergo simple imprisonment for a period of three months. Further, the complainant was awarded compensation of Rs.72,00,000/-, which was ordered to be paid
