Anand Byrareddy, J.—Heard the learned counsel for the petitioner and the learned counsel for the respondent.

2. The petitioner was the accused before the Trial Court whereby the complainant pad alleged an offence punishable under 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”, for brevity) under the following circumstances. It was the case of the respondent that she had lent a sum of Rs.2,25,000 on 25th December, 2002 to the petitioner and in repayment of the said amount, the accused had issued a cheque in favour of the complainant for the said sum, dated 8th June 2004, drawn on Canara Bank, Tumkur Road 3 Branch, Bangalore. When the cheque was presented for encashment, the same was returned with an endorsement that it had been dishonoured for insufficient funds in the account of the accused. Thereafter, the legal notice was issued, which was sent by way of Registered Post Acknowledgment Due as well as Under Certificate of Posting, calling upon the accused to pay the said amount covered under the cheque. Since the petitioner failed to comply with the same, the complaint followed. The petitioner did appear before the Trial Court on summons being