A.B. Murgod, J. - This revision petition is filed under Section 397 read with Section 401, Cr. P.C. by the complainant in P.C.R. No.7 of 1992 on the file of the learned Munsiff and JMFC, Ne1amanga1a Ta1uk, Bangalore District, challenging the order dated 7-11-1992 by which the learned Magistrate dismissed the complaint.

2. The facts leading to the dismissal of the complaint by the learned Magistrate are as under: The revision petitioner had lent an amount of Rs. 22,000/- on 20-10-1991 to the respondent and the respondent had issued a cheque bearing No. 0877901 dated 30-11-1991 for Rs. 17,000/- towards the same. The revision petitioner presented it for encashment on 11-4-1992 and it came to be dishonoured on the same day with endorsement "funds insufficient". The revision petitioner issued a notice of demand on 23-4-1992 and the same came to be served on the respondent on 25-4-1992. As no payment was made within the statutory period of l5 days from the date of service of notice, revision petitioner filed a complaint alleging an offence under Section 138 of the Negotiable Instruments Act against the respondent on 3-6-1992.

3. The learned Magistrate recorded the statement of the pe