First respondent herein filed a complaint before I Metropolitan Magistrate, Vijayawada against the revision petitioner alleging that he borrowed a sum of Rs.75,000/- on 20-07-2002 from complainant and executed a promissory note and later on demand, he issued cheque bearing No.124188, drawn on Canara Bank, Patamata, Vijayawada on 01-03-2003 for Rs.75,000/- towards part payment of the amount due and when the cheque was presented for collection in Federal Bank, Governorpet, Vijayawada, it was dishonoured with an endorsement “insufficient funds” and that the complainant got issued a legal notice both under registered post with acknowledgement due and also under certificate of posting and that the registered notice was returned and the accused failed to pay the cheque amount, thereby, committed offence under Section 138 of Negotiable Instruments Act. On these allegations, complainant is examined as P.W.1 and got marked Exs.P1 to P6 and no witness is examined and no documents are marked on behalf of accused. On an over all consideration of oral and documentary evidence, trial Court found the accused guilty for the offence under Section 138 of N.I Act and sentenced him to suffer six months imprisonment with a fine of Rs.500/. Aggrieved by the conviction and sentence, he preferred appeal to the Court of Session, Vijayawada and the learned Metropolitan Sessions Judge, on a reappraisal of evidence, dismissed the appeal confirming the conviction and sentence. Now aggrieved by the judgments of both the
