Budihal R.B., J.—This is the appeal preferred by the complainant being aggrieved by the judgment and order dated 30.6.2010 passed by the XV Addl. CMM Court, Bengaluru City in C.C. No.16364/2009.

2. Brief facts of the appellant-complainant’s case before the trial court is that respondent-accused availed the sum of Rs.3.00 lakh from the complainant in October 2008 for his urgent needs and towards repayment of the said amount, the respondent-accused issued a cheque in favour of the complainant for the sum of Rs.3.00 lakh dated 14.3.2009 drawn on Syndicate Bank Gandhinagar Branch, Bengaluru. The complainant presented the cheque for encashment through his banker State Bank of Mysuru, Mysore Road, Bengaluru and it was dishonored with endorsement ‘insufficient funds’ and ‘account dormant’. The complainant issued a legal notice as per Ex.P.6 through his Counsel by RPAD calling upon the respondent-accused to pay the amount of cheque. In spite of service of notice, the respondent-accused had failed to pay the amount stated in the cheque. Hence, the complainant filed a complaint under Section 200 Cr.P.C. before the trial court. As per the summons, the respondent-accused appeared befor