The revision petitioner is the accused in CC.No.989/2001 on the file of the Judicial Magistrate of the First Class-II, Kochi. The first respondent herein prosecuted the revision petitioner alleging offence under Section 138 of the Negotiable Instruments Act with a plea that there was business transaction between the revision petitioner and the first respondent following which there was outstanding liability and in discharge of a part of the liability Ext.P2 cheque dated 18.12.2000 for Rs.5,60,000/- drawn on Vysya Bank, Ravipuram Branch was issued and that when Ext.P2 was sent for collection it was returned bounced for insufficient funds and that though a notice demanding discharge of liability was issued to the revision petitioner, it was returned and that the liability was not discharged.

2. The learned Magistrate after taking cognizance issued process to the revision petitioner, responding to which he entered appearance. When the particulars of the offence were read over and explained, the revision petitioner pleaded not guilty. Hence, he was sent for trial. On the side of the first respondent, the Managing Director of the first respondent was examined as Pw1. Exts.P1 to P7