Anand Byrareddy, J.— This appeal is filed by the complainant, who had alleged an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘N.I. Act’ for brevity), against the respondent.

2. The appellant is a company incorporated under the Companies Act, 1956. It is engaged in the business of manufacturing automobile spring leaves in the name and style of M/s. Canara Springs. Its Head Office is at Mangalore and one of its branch offices is at Hubli. The respondent accused. was said to be a dealer in automobile spare parts, having his place of business at Athani and was purchasing the goods manufactured by the appellant on credit basis. That as per the books of account maintained by the appellant, the accused was said to be due in a sum of Rs. 70,294 payable towards the credit purchases, as on 31.8.2004. Since there was delay in making payments, the complainant had issued a notice seeking prompt payment. It transpires that a part payment was made in cash and the respondent had issued a cheque for the balance amount of Rs. 65,294 in discharge of the amount outstanding. The cheque when presented for collection was dishonoured for