JUDGMENT

H.P. Sandesh, J. - Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

2. The factual matrix of the case is that the petitioner herein had approached the complainant during the first week of November 2005 and requested for hand loan of Rs. 2 lakh to meet his business commitments. Accordingly, the complainant agreed to pay the amount of Rs. 2 lakh and paid the same on 06.11.2005 with a condition to repay the same within three months along with the interest at the rate of 12% p.a. and the accused had issued a post dated cheque dated 06.02.2006 stating that the loan amount will be cleared on the said date. On the assurance of the accused, the complainant had presented the said cheque for encashment and the same was returned with an endorsement 'funds insufficient'. Hence, the legal notice was issued to the petitioner herein through registered post as well as certificate of posting. Inspite of service of notice, he did not comply with the demand. Hence, the complaint was filed under Section 200 of Cr. P.C. for the offence pus 138 of N.I. Act. Thereafter, the Trial Court taken cognizance and complainant in order to substan