ORDER :

The petitioner who was the accused in the Court of learned III Addl. Senior Civil Judge & JMFC at Davanagere (hereinafter referred to as 'the Trial Court1) in CC. No.2405/2009 (old CC No.257/2008), 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 accordingly was convicted by Judgment dated 21.11.2012.

2. The summary of the case of the complainant in the Trial Court is that the accused who was acquainted with him had borrowed a loan of Rs.80,000/- from him in the first week of January, 2006, agreeing to repay the same with interest at the rate of 2% per month. Since the accused did not repay the loan amount, at the specific demand made by the complainant for the repayment of the loan amount, the accused issued a cheque bearing No.059240 dated 18.02.2007 drawn on Corporation Bank, Mandipet Branch, Davanagere, for a sum of Rs.80,000/- in favour of the complainant. When the said cheque was presented by the complainant for its realisation, the same came to be dishonoured with the banker's shara 'insufficient funds'. Thereafter the complainant got issued a legal notice