JUDGMENT

H.P. Sandesh, J. - This revision petition is filed under Section 397 read with Section 401 of Cr.P.C., praying this Court to set aside the judgment and order dated 20.08.2013 passed in Crl.a.No.125/2011 on the file of II additional District and Sessions Judge, Davanagere and also the judgment and order of conviction and sentence dated 24.08.2011 passed in C.C.No.769/2009 by the III additional Senior Civil Judge & JMFC., Davanagere, and acquit the petitioner for an offence punishable under Section 138 of the N.I.act.

2. The factual matrix of the case of the complainant before the Trial Court is that accused Nos.1 to 4 being the partners of M/s. Itagi Medicals, Davanagere, due to the said acquaintance with the complainant in the month of January 2004, availed hand loan of Rs.1,00,000/- for their business purpose agreeing to repay the same within 2 to 3 months. On demand for re-payment, the accused has issued two post dated cheques. When the same were presented for encashment, they were returned with an endorsement as 'Insufficient Funds'. Hence, a legal notice was issued. Despite receipt of notice not paid the amount. Only accused No.4 gave an untenable reply and not complied