( 1 ) THIS revision petition is directed against the judgment dated 27. 12. 2003 passed by the Learned iii Additional Sessions Judge, Dakshina Kannada District, Mangalore in Criminal Appeal no. 42/2001, by which the conviction of the respondent in Judgment dated 27. 2. 2001 recorded by the Learned JMFC (IV Court) Mangalore in C. C. No. 215/2000 for the offence punishable under Section 138 of the Negotiable Instruments Act and consequent sentence have been set aside. The revision petitioner/complainant prays for resorting the conviction and sentence imposed by the Learned Trial Judge.

( 2 ) THE revision petitioner is a company represented by its Managing Director. In the complaint filed on behalf of the said Company, it was alleged that one Vasanthkumar had borrowed a sum of Rs. 65,000/- from the revision petitioner and for repayment of the balance of the said amount with interest thereon he, (the respondent/accused), as co-obligant, had issued a cheque for rs. 65,200/ -. The said cheque was dishonoured when it was presented for encashment. The complainant/company claimed that despite service of notice of dishonour of cheque, the respondent having failed to pay the