judgment

S.B. Sinha, J. —

1.Leave granted.

2.Interpretation of the provisions of Section 147 of the Negotiable Instruments Act, vis-‘-vis Section 320 of the Code of Criminal Procedure is involved in this appeal which arises out of judgments and orders dated 5.9.2005 and 27.1.2006 passed by the High Court of Karnataka.

3.The aforementioned orders were passed in the following factual matrix :

4.Appellant filed a complaint petition against the respondent herein, inter alia, alleging that he had advanced a sum of Rs.4,35,000/-. For the purpose of repayment therefor, five cheques were issued. Three cheques were honoured but two were dishonoured. The subject matter of the complaint petition was a cheque issued by the respondent for a sum of Rs.1,00,000/- which was presented to the bank on 15.9.1996. Appellant was informed in regard to the dishonour of the cheque on 28.9.1996. The learned Chief Judicial Magistrate, by a judgment and order dated 1.6.2000, found the respondent guilty for commission of an offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for one month and to pay a fine of Rs.2,00,000/- and in default to suffer