ORDER :

“Whether the impugned orders of conviction and sentence passed against the petitioner by the Courts below for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 suffer any illegality, impropriety or incorrectness”? is the question involved in this case.

2. The petitioner was prosecuted in C.C.No.33201/2000 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘the Act’ for short) on the basis of the complaint filed by the respondent company. The said complaint was filed by one S. Basavaraj, Superintendent of the respondent company.

3. The respondent presented the cheque Ex.P2 dated 04.07.2000 said to have drawn by the petitioner for a sum of Rs.11,00,000/-in it’s favour, through Bank of India, Bangalore (Main) branch for realization. The said cheque was returned with endorsement ‘funds insufficient’ as per the return memo Ex.P3. The respondent issued notice Ex.P4 dated 14.07.2000 to the petitioner imputing cheating for not making arrangement for realization of the cheque and calling upon him to pay the cheque amount or else to face the prosecution.

4. The notice issued under registered post acknowledgement due was re