H.G. RAMESH, J.—This appeal is by the complainant challenging the order of the II Addl. Sessions Judge, Mangalore, Dakshina Kannada in Crl. A. No. 17/2005 dated 13-5-2009.

2. According to the complainant, accused had availed loan from the complainant on 5-9-2000 and also on subsequent dates to the tune of Rs. 11,25,000/- through seven cheques. Those cheques issued by the complainant were drawn on Indian Overseas Bank which were duly encashed by the accused, for which, the accused is said to have executed on demand Promissory Note apart from issuing a cheque for Rs. 11,25,000/- towards repayment drawn on Corporation Bank, Hampanakatta, Mangalore and on presentation of the cheque, it was dishonoured with an endorsement ‘insufficient funds’. After issuing legal notice, complaint was filed before the V JMFC, Mangalore. The learned Magistrate after enquiry, convicted the accused for the offence punishable under Section 138 Negotiable Instruments Act, 1881 (for short the ‘N.I. Act’ ) and directed to pay a sum of Rs. 12,00,000/- out of which, it was ordered to pay Rs. 5,000/- towards fine and Rs. 11,50,000/- to be paid to the complainant as compensation. Against the said order, the ac