A.N. Venugopala Gowda, J.—The respondent (who will hereinafter be referred to as 'the complainant') presented a cheque, which bears the signature of the petitioner (hereinafter referred to as 'the accused') before the Canara Bank, Shimoga main branch for encashment The cheque was for an amount of Rs. 1,70,000/-. The bank bounced the cheque due to insufficiency of funds in the account of the accused. The complainant then issued a notice by RPAD in the address of the accused on 15.7.2003. The notice was served on the accused on 16.7.2003. The accused sent a reply dated 5.8.2003. A complaint was filed on 12.8.2008 before the JMFC, Chennagiri against the accused, under S.138 of Negotiable Instruments Act, 1881 ('the Act' for short). The accused appeared and pleaded not guilty. The complainant examined himself as PW-1 and marked Exs. P.1 to P.7. Accused was questioned under S.313 Cr.P.C, about incriminating evidence. The accused denied such evidence as false and opted to lead defence evidence. He examined himself as DW-1 and got marked Exs. D-1 to D-6. During cross examination of DW-1, Exs. P-8 and P-9 were confronted and marked.

2. The learned Magistrate did not accept the defence