sec.138 N.I.Act

A client convicted under section 138 ni act. according to the complainant the amount given by him was a month before the date of cheques, though the complainant was neither an income tax assessee nor he was able to prove his credit worthiness. though the petitioner was able to produce evidence in the form of passport that he was not in the country on the said date when the complainant claims to have given the loan and he had already filed a complaint with the bank that the cheques were stolen and to stop the payment. But the only mistake made by the petitioner was he entered in a compromise under the fear of being jailed and by threats but was not able to fulfill the compromise and even told the judge that it was done under pressure but did not move any application for the same the judge in the lower court convicted the fellow. Here the notice was never served to the accused as he was out of country. At the time of banking the cheque the accused was not in the country and also according to the date of lending the said amount the accused was not in the country. Now what can be done to save the appellant in the session court??