( 1 ) THIS revision petition is filed under Section 397 read with section 401, Cr. P. C. by the complainant in P. C. R. No. 7 of 1992 on the file of the learned Munsiff and JMFC, Nelamangala taluk, Bangalore District, challenging the order dated 7-11-1992 by which the learned Magistrate dismissed the complaint.

( 2 ) THE facts leading to the dismissal of the complaint by the learned Magistrate are as under: The revision petitioner had lent an amount of Rs. 22,000/- on 20-10-1991 to the respondent and the respondent had issued a cheque bearing No. 0877901 dated 30-11-1991 for Rs. 17,000/- towards the same. The revision petitioner presented it for encashment on 11-4-1992 and it came to be dishonoured on the same day with endorsement "funds insufficient". The revision petitioner issued a notice of demand on 23-4-1992 and the same came to be served on the respondent on 25-4-1992. As no payment was made within the statutory period of 15 days from the date of service of notice, revision petitioner filed a complaint alleging an offence under Section 138 of the Negotiable Instruments Act against the respondent on 3-6-1992.

( 3 ) THE learned Magistrate recorded the statement