common order

1. The present petitioner which is a proprietorship concern represented by its proprietor Mr.Doulat Basha, was the accused in C.C.No.1049/2011 and C.C.No.1051/2011, both in the court of the III Additional Civil Judge and JMFC at Chikmagalur (henceforth for brevity referred to as the 'Trial Court') for the offence punishable under Section 138 of the Negotiable Instruments Act (henceforth for brevity referred to as the 'N.I.Act').

2. The summary of the case of the complainant in C.C.No.1051/2011 from which the Criminal Revision Petition No.219/2018 has arisen was that the accused was a person known to him, availed a loan of Rs. 2,50,000/- from the complainant for the purpose of his business improvement and towards repayment of the said loan amount, the accused issued a cheque bearing No.251909 dated 18.10.2010 drawn on State Bank of India, Chikkamagalur branch, for a sum of Rs. 2,50,000/- in favour of the complainant therein. However, when the said cheque was presented for its realization, the same returned unpaid with the bankers memo 'Account Closed'. In spite of service of notice upon the accused demanding payment of the cheque amount, since the accused did not meet the