ORDER

1. The present petitioner was accused in C.C.No.17851/2006, in the Court of the learned XV Addl.Chief Metropolitan Magistrate, Bengaluru, (hereinafter for brevity referred to as the 'trial Court'). By its judgment dated 22.09.2012, the trial Court convicted the accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act') and was sentenced accordingly.

2. The summary of the case of the complainant in the trial Court was that the complainant and the accused were acquainted with each other. At the request of accused, in December 2004, the complainant gave him a hand loan of a sum of Rs. 1 lakh, which loan amount the accused had agreed to repay within three months. The accused did not keep up his promise towards the repayment of the loan amount. However, at the demand made by the complainant for the repayment of the loan amount, the accused issued him a cheque bearing No.118254, dated 01.02.2006, drawn on Canara Bank, Hosur Branch, in favour of the complainant for a sum of Rs. 1 lakh. The said cheque when presented for realisation by the complainant through his Banker on 01.02.2006, the same came to be r