1. The petitioner has challenged his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘NI Act’ for short) on a trial held by the Metropolitan Magistrate, Bangalore, confirmed in an appeal by the Sessions Court.

2. The facts reveal that the petitioner had to pay a sum of Rs.3,00,000/- to the respondent towards the sale consideration for having purchased the immovable property on 10.09.2007 and the cheque dated 15.12.2007 was issued to the respondent towards the payment and when it was presented for encashment, it returned with an endorsement “insufficient funds”. Thereafter, the respondent issued notice. Thought there was reply, the demand was not complied and therefore, the respondent approached the Trial Court with a complaint against the petitioner for the offence under Section 138 of the NI Act.

In the trial, the complainant was examined as PW1 and in her evidence, Exs.P1 to P11 were marked. The statement of petitioner was recorded under Section 313 Cr.P.C. He was examined as DW1 and in his evidence, Exs. D1 to D3 were marked. The Trial Court heard the counsel and on appreciation of the evi