Pradeep D. Waingankar J.—The revision petitioner has been convicted for the offence punishable under Section 138 of N.I. Act by the XXIII Addl. CMM, Mayo Hall unit, Bangalore in C.C.No.26373/2008 by order dated 26.11.2009, which has been confirmed by the Fast Track Court- III, Bangalore City in Crl.A.No.25145/2009 by order 8.4.2010. Questioning the legality and correctness of the orders passed by both the Courts below, this revision petition is preferred under Section 397 r/w 401 Cr.P.C.

2. The petitioner was the accused and the respondent was the complainant before the Magistrate. Towards repayment of the consideration amount, the accused issued a cheque for Rs.5.00 lakhs on 30.4.2007 drawn on Andhra Bank, Cooke Town branch, Bangalore in favour of the complainant. On presentation of the cheque, it came to be dishonoured with an endorsement ‘insufficient funds. The complainant informed the factum of dishonour of the cheque to the accused by issuance of legal notice by RPAD and called upon to pay the cheque amount. There was no response from the accused. So a complaint came to be filed against the accused for the offence punishable under Section 138 of N.I. Act. The accused