ORDER :

1. The petitioner was the accused in the Court of learned I Addl. Civil Judge and JMFC, Chikkamagaluru (hereinafter referred to as ‘the Trial Court) in C.C. No.1465/2006 who was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity, hereinafter referred to as ‘the N.I. Act’).

2. Summary of the case of the complainant in the Trial Court is that on 10.10.2005, the accused in order to purchase some land availed a loan of Rs. 1,50,000/- from the complainant. Towards the repayment of the said loan amount he issued a cheque bearing No.46900 dated 15.02.2006 for a sum of Rs. 1,50,000/-, drawn on Chikmagalur Pattana Sahakara Bank Niyamita, Chikmagalur, in favour of the complainant. The said cheque when presented for its realisation by the complainant through her banker returned with the banker’s endorsement as “ not arranged for ”. Thereafter the complainant got issued a legal notice to the accused demanding the payment of the cheque amount. However, the accused did not pay the cheque amount which constrained the complainant to institute a criminal case against him in the Trial Court for the offence punishable under Section 138 of the