The accused in CC.No.79/2006 on the file of the Judicial First Class Magistrate Court-I, Attingal, is the revision petitioner herein.

2. The case was taken on file on the basis of a private complaint filed by the complainant against the revision petitioner under Section 138 of the Negotiable Instruments Act (hereinafter called the Act). The case of the complainant in the complaint was that the revision petitioner borrowed a sum of Rs.2 lakhs and in discharge of her liability, she issued Ext.P1 cheque dated 01.10.2005. He presented the cheque for collection and the same was dishonoured for the reason funds insufficient vide Ext.P2 dishonour memo dated.06.12.2005 and that was intimated to the complainant by his banker vide Ext.P3 intimation letter. Ext.P4 is the notice issued by the complainant vide Ext.P5 postal receipt intimating the dishonour and demanding payment of the amount and the same was received by the revision petitioner evidenced by Ext.P6 postal acknowledgement. She had not paid the amount. So, she had committed the offence punishable under Section 138 of the Act. Hence the complaint.

3. When the revision petitioner appeared before the court below, the particulars