JUDGMENT

1. The present Revision Petitioner was an accused in the Court of learned XXII Addl.Chief Metropolitan Magistrate and XXIV Addl.Small Causes Judge, Bengaluru, (hereinafter for brevity referred to as trial Court), in C.C.No.19269/2007, filed by the present respondent as a complainant. The said complainant had filed a complaint under Section 200 of Code of Criminal Procedure (hereinafter for brevity referred to as Cr.P.C.), against the present petitioner/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as N.I.Act).

2. The summary of the case of the complainant in the trial Court was that the accused had entered into an Agreement of Sale dated 5.9.2006 with the complainant agreeing to sell his immovable property, however, upon the failure by the accused to perform his part of the contract, the said Agreement to Sell could not be culminated in the execution of the registered Sale Deed. As such, the accused agreeing to return the advance amount as dischargal of part of the said liability, issued a cheque bearing No.077608, dated 24.12.2006, for a sum of Rs.9,25,000/-, drawn on Bank of India, Whitefiled