JUDGMENT

K.S.Mudagal, J. - This revision petition is filed by the accused challenging the judgment and order of conviction and sentence for the offence punishable under Section 138 of Negotiable Instruments Act, 1988 ('the NI Act' for short) passed by the trial Court and confirmed by the First Appellate Court.

2. Respondent was the complainant and the petitioner was the accused before the trial Court. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the trial Court.

3. The complainant presented Cheque Ex.P.2 for Rs.34,00,000/- drawn on Canara Bank said to be issued by the accused in his favour for encashment. That was dishonoured as per memo Ex.P4 with the endorsement "payment stopped by the drawer". The complainant issued notice Ex.P5 calling upon the accused to pay the Cheque amount.

4. Acknowledgment regarding delivery of notice was not received. Therefore, the complainant's counsel corresponded under Ex.P7 to the Post Master to clarify about the status of the delivery of the notice. Under reply Ex.P8 dated 22.09.2008 the Senior Superintendent of Post Office, Bengaluru East informed that the article/notice was delivered on the add