JUDGMENT

K.S.Mudagal, J. - With consent of both the parties, the matter is taken up for hearing.

2. Petitioner challenged the order of conviction and sentence passed by the trial Court against him for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ( the N.I. Act for short) and confirmed by the First Appellate Court.

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

4. The complainant filed the complaint under Section 200 of Cr.P.C. against the accused seeking his prosecution for the offence punishable under Section 138 of the N.I. Act. He alleged that the petitioner without arranging the funds issued cheques Exs.P1 and P2 for a sum of Rs.5,00,000/- and Rs.4,00,000/- for discharge of his liability, thereby cheated him. He further alleged that the said cheques when presented to the bank were dishonoured as per bank endorsement Exs.P3 and P4 as funds insufficient . He issued statutory notice Ex.P5 calling upon the accused to make good the cheques amount which was neither replied nor complied.

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