A.S. Pachhapure, J.—Though the matter posted today for admission with the consent of the Counsel it is taken up for final hearing.

2. The petitioner has challenged his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter call as ‘Act’ for short), on a trial held by the Judicial Magistrate, First Class, Mangalore and confirmed in appeal before the Sessions Court.

3. The facts relevant for the purpose of this revision are as under:

I will be referring to the parties as per the rank before the Trial Court for the purpose of convenience.

The petitioner herein is the accused, whereas respondent is the complainant who filed the complaint before the Trial Court alleging that the accused owed a sum of Rs. 46,956.70 and to discharge the loan amount the accused issued a cheque dated 30.6.2002 for a sum of Rs. 46,856.70 in favour of the complainant and assured that he has sufficient stands in his account. The complainant presented the cheque through the banker, which was returned with an endorsement of insufficient funds. The complainant sent a notice and the said notice was not claimed by the accused. He did not co