ORDER :

This revision petition is filed by the petitioner/complainant as against the order passed by the learned District and Sessions Judge, Gadag (hereinafter referred to as the ‘Revisional Court’, for brevity) in Criminal Revision Petition No.47/2010 dated 16.12.2011 dismissing the compliant by setting aside the order passed by the learned I Additional Civil Judge (Junior Division) and JMFC-I, Gadag, in P.C.97/2010 dated 26.06.2010.

2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.

3. The rank of the parties before the trial Court is retained for convenience.

4. The case of the complainant before the trial Court is that, he filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’ for brevity) against the accused for the offence under Sections 138 and 142 of the Negotiable Instruments Act, 1885 (hereinafter referred to as the ‘NI Act’, for brevity) alleging that the complainant gave hand loan of Rs.1,50,000/-to the accused and in discharge of the loan, the accused gave a cheque bearing No.1002466 to the complainant. When the complainant presented the said ch