K. Ramakrishnan, J.—Accused in S.T.No.1169/1996 on the file of the Judicial First Class Magistrate Court, Nadapuram, is the revision petitioner herein. The case was taken on file on the basis of a private complaint, filed by the complainant/ first respondent against the petitioner alleging offence under Section 138 of the Negotiable Instruments Act (hereinafter called ‘the Act’).

2. The case of the complainant in the complaint was that, the revision petitioner obtained an amount of 2,30,000/- on the promise of obtaining a job of clerk in B.E.M. School and when he realised that he was not able to fulfil the promise, on demand, he had issued Ext.P1 cheque dated 30.03.1996, on 25.03.1996 to the complainant in discharge of that liability and the cheque when presented was dishonoured for the reason ‘funds insufficient’ vide Ext.P2 dishonour memo, and the complainant issued Ext.P4 notice vide Ext.P9 postal receipt and the same was received by the revision petitioner evidenced by Ext.P5 postal acknowledgment. He had sent Ext.P6 reply denying the allegations. Exts.P7 and P3 are the ledger extracts and Ext.P8 is the memo issued from the bank intimating the dishonour to the complainan