S.B. Majage, J:—This revision petition is referred under Section 9 of the Karnataka High Court Act by a learned Single Judge (MSRJ) seeking clarification as to the Judgment rendered in the case of G. Premdas v. Venkataram1 incidentally rendered by one of us (SRBMJ) and the following question is framed to answer the reference :

“Whether the complaint filed under Section 138 of the Negotiable Instruments Act forms part of the record? Or, Whether the same has to be marked as an exhibit as held in the said Judgment and whether mere non-marking of the complaint is fatal?”

2. The facts and reason for .reference are that :

The respondent-complainant filed a complaint against the petitioner/accused before the Court on XII Additional C.M.M. at Bangalore City for the offence punishable under Section 138 of the Negotiable Instruments Act alleging that in connection with loan of Rs. 1,95,000/- availed by him on 14.1.1997, the petitioner/accused has issued 13 cheques, each for a sum of Rs. 15,000/- besides executing pronote dated 21.1.1997. When five cheques at Exs. P4 to 8 were presented for encashment, they were dis-honoured as per the bank memos at Exs. P.9 and 10 as funds not arrange