1. Heard the learned counsel appearing for the parties.

2. The present petition is filed under Section 397 of Cr.P.C., challenging the concurrent finding given by the learned JMC CourtII at Raichur in Criminal Case No.600/2007 and affirmation of the same by the learned Second Additional Sessions Judge at Raichur in Criminal Appeal No.1/2014.

3. The petitioner was the accused in Criminal Case No.600/2007 in the case initiated by the respondent herein for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, (for short ‘the Act’), on filing the complaint before the learned JMFC Court.

4. The case of the complainant/respondent is that the petitioner herein is known to him very well and he had requested him to advance a handloan of Rs.1.5 lakhs and he is said to have issued a cheque of Rs.1.5 lakhs on 09.08.2000, drawn on Syndicate Bank, Deodurga Branch. The said cheque was presented for payment and it was returned with an endorsement “insufficient amount in the account of the holder” vide memo dated 22.10.2006. Later on, the petitioner got issued the legal notice on 28.10.2006, calling upon him to repay the said amount, lest he would be forced to initiate