M. Karpagavinayagam, J. - Mr. Prabhakaran, the petitioner herein has filed this revision challenging the judgment in C.A. No. 80 of 1993 on the file of learned Sessions Judge. Kanyakumari District at Nagarcoil, confirming the conviction for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the Act") imposed upon him in C.C. No. 172 of 1991 on the file of Judicial Magistrate No. 1, Kuzhithurai.

2. The case of the prosecution is this:-The petitioner/accused borrowed a sum of Rs. 25,000/- from the complainant on 5-1-1991 and issued a postdated bearer cheque (cash cheque) with the date 5-8- 1991 drawn on Union Bank of India, Marthandam Branch for the said amount. Later, when the cheque was presented for encashment by the complainant on 5-8-1991, it was returned with an endorsement "not arranged for". There upon, on 16-8-1991 the complainant sent a statutory notice to the petitioner demanding the cheque amount. The petitioner sent a reply dated 30-8-1991 denying the issue of the cheque and loan. Hence, the respondent herein filed a private complaint before the trial Court on 24-9-1991.

3. On behalf of the prosecution, the respondent examined