JUDGMENT

H.B.Prabhakara Sastry, J. - The petitioner was the accused in the Court of learned XIII Addl. Chief Metropolitan Magistrate, Bangalore (hereinafter referred to as 'the Trial Court) in C.C. No.17510/2005 who was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as 'the N.I. Act').

2. The summary of the case of the complainant in the Trial Court is that the accused had borrowed a sum of Rs. 6,00,000/- from her on 07.03.2004 as loan for the purpose of purchasing a building property. The accused had agreed to repay the said loan amount on demand. Accordingly, the accused issued a cheque bearing No.209580 dated 07.11.2004 drawn on Syndicate Bank, Rajajinagar II Stage Branch, Bengaluru for a sum of Rs. 6,00,000/- favouring the complainant towards the repayment of the loan amount. The said cheque when presented for clearing from the complainant's banker, came to be returned dishonoued with the banker's endorsement "funds insufficient". Thereafter the complainant issued a legal notice dated 13.01.2005. The accused did not claim the notice sent through 'registered post acknowledgement due', as such, it wa