This revision petition is directed against the judgment dated 27-122003 passed by the learned III Additional Sessions Judge, Dakshina Kannada District, Mangalore in Criminal Appeal No. 42 of 2001, by which the conviction of the respondent in judgment dated 27-2-2001 recorded by the learned Judicial Magistrate First Class (IV Court), Mangalore in C.C. No. 215 of 2000 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and consequent sentence have been set aside. The revision petitioner/complainant prays for restoring 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