Judgment

M.K. Mukherjee, J.-This appeal is directed against the judgment and order dated February 26, 1992 rendered by a learned single Judge of the Kerala High Court in Criminal Misc. Case No. 1373 of 1991. Facts relevant for disposal of this appeal are as under.

2. On January 4, 1991, the respondent handed over a cheque for Rs. 30,000/- to the appellant in liquidation of the loan he obtained from the latter. The cheque was presented in the bank for encashment on January 5, 1991 but was returned for want of sufficient funds in the account of the respondent. The appellant then sent a lawyer’s notice to the respondent on January 15, 1991 calling upon him to pay the aforesaid amount. On receipt of the notice the respondent approached the appellant and requested for some time to pay the amount. In view of the assurance so given the appellant did not initiate any further proceeding but as the respondent did not keep his promise he presented the cheque in the bank once again on May 4, 1991. This time also the cheque was dishonoured for want of sufficient funds. Another notice dated May 9, 1991 was then served upon the respondent demanding pay­ment of the amount but he failed to make the p