JUDGMENT

Anand Byrareddy, J.—The petitioner was the accused in a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (Hereinafter referred to as the ‘NI Act’, for brevity).

2. It was alleged that the petitioner herein had obtained a hand loan of Rs.1,50,000 from the respondent as on 10.12.2007. It is stated that he had issued a cheque for the said amount, in due repayment thereof, vide cheque dated 10.2.2008. The cheque is said to have been returned dishonoured when presented for encashment, on the ground that the funds were insufficient in the bank account of the petitioner, as per the banker’s endorsement dated 21.2.2008. The respondent is then said to have issued a legal notice dated 7.3.2008, which was shown to have been duly served on the petitioner, as on 1.6.2010. It is stated that the petitioner did not reply.

A complaint having been filed in the above background, the same was contested by the petitioner by filing formal objections, to the effect that he had not borrowed any money as he was never in any need for the same. Though no evidence was tendered by the petitioner, it was suggested in the cross-examination of the respondent,