A.S. Pachhapure, J.

The appellant has challenged the judgment and order of acquittal of the respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter called as the 'Act' for short) on a trial held by the JMFC, Udupi.

2. The facts reveal that the appellant-the complainant before the Trial Court had advanced a loan of Rs. 1 Lakh to the respondent-the accused before the Trial Court and towards repayment of the said amount, the respondent has issued a cheque bearing No. 314862 drawn on Vijaya Bank, Mangalore and the said cheque was presented by the appellant for encashment, but it returned dishonored on 08.09.2004 for want of sufficient funds. The appellant has received the intimation on 10.09.2004 and he has issued the notice dated 21.09.2004 to the respondent calling upon him to pay the cheque amount. As the respondent replied denying the liability, the appellant approached the Trial Court and submitted his complaint for the offence under Section 138 of the Act.

3. As the respondent did not plead guilty the appellant examined as P.W.1 and a witness P.W.2 and in the evidence Ex.P.1 to 10 the documents were marked. The statements were recorded unde