JUDGMENT

1. For the sake of convenience, parties are referred to by their rank before the Trial Court.

2. The appellant, who is the complainant in C.C.No.34/2016 on the file of the Additional Senior Civil Judge and JMFC, Mudhol, filed a private complaint under sec. 200 of Cr.P.C., for the offence punishable under sec. 138 of the Negotiable Instruments Act, 1881, ("N.I. Act" for short) against the respondent/accused contending that it is a registered company manufacturing crystal sugar. During harvesting season, labourers are employed for harvesting sugarcane grown in the cultivators land. The complainant has alleged that the accused offered to supply labourers for harvesting sugarcane and complainant-company paid Rs.14,00,000.00, Rs.11,50,000.00, Rs.11,50,000.00 and Rs.6,520.00 i.e. in all Rs.37,06,520.00 to the complainant by way of advance. Though accused supplied labourers to the tune of Rs.30,96,035.00 and thereafter abruptly the labourers left. When the complainant demanded accused to return the balance amount, he issued a cheque dtd. 12/11/2014 for an amount of Rs.8,36,585.00. It is further alleged that on 14/11/2014 when the said cheque was presented for encashment, it return