ORDER :

The petitioner who was the accused in the Court of IV Addl. First Civil Judge and Judicial Magistrate First Class, Mysore (hereinafter referred to as ‘the Trial Court') in C.C.No.989/2008 was found guilty for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as ‘the N.I. Act’) and was sentenced accordingly.

2. The summary of the case of the complainant in the Trial Court is that towards the purchase of Burma Teakwood as per the purchase order, the present petitioner issued two cheques to the complainant, the first cheque bearing No.862010 for Rs.4,00,000/-and dated 21.03.2008 and the second cheque bearing No.862016 dated 04.04.2008 for a sum of Rs.10,13,000/-, both drawn in favour of the complainant, on HDFC Bank, Saraswatipuram Branch, Mysuru. The complainant supplied the goods and presented both the cheques for realisation through his banker. However, both the cheques returned with the banker’s endorsement “insufficient funds” which made the complainant to issue a legal notice upon the accused demanding the cheques’ amounts, however, the accused sent a denial reply but did not repay the cheques’ amounts, w