M. Thanikachalam, J.—By consent of both sides, the revision itself is taken for hearing.

2. The petitioner is facing trial in C.C. No. 151/2000 before the trial Court for the alleged offence said to have been committed by him u/s. 138, Negotiable Instruments Act, (in short, Negotiable Instruments Act). It seems the accused/ petitioner had issued a cheque for Rs. 3,95,000. When the cheque was tendered by respondent for collection through his Bank where he is having account, the cheque bounced on the ground ‘insufficient’ funds’. Thereafter, notice has been issued which was acknowledged but not replied. Though time is given, within the time stipulated, amount also has not been paid. In the above said circumstances, the holder of the cheque namely the respondent herein, preferred a complaint before the concerned Magistrate, complaining of the offence under Section 138, Negotiable Instruments Act After appearance of parties the Trial Court also completed the prosecution side examination of witnesses, thereafter questioning the accused under Section 313, Cr. P.C. As represented by the learned counsel for the petitioner, two witnesses have also been examined on the defence side. At