JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. This appeal challenges the correctness of the judgment and order dated 17.12.2021 passed by the High Court of Karnataka at Bengaluru (‘the High Court’, for short) in Criminal Revision Petition No. 39 of 2021.

3. The instant proceedings arise out of Complaint Case No. 244 of 2019 instituted by the Respondent herein in respect of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’, for short) in the court of the Senior Civil Judge & JMFC, Nagamangala, submitting inter alia :

(a) A cheque dated 25.02.2019 in the sum of Rs.7,00,000/- was drawn by the Appellant in favour of the Respondent towards repayment of hand loan received by the Appellant from the Respondent.

(b) Said cheque was presented for encashment on 01.03.2019 but was dishonoured on account of “insufficient funds”.

(c) Statutory notice was issued by the Respondent to the Appellant on 12.03.2019.

(d) However, the Appellant failed to repay the amount to the Respondent.

(e) Consequently, the Appellant was guilty of offence punishable under Section 138 of the Act.

4. After the cognizance of the aforesaid complaint was taken and the summons were iss