JUDGMENT :

The petitioner is the complainant. He is aggrieved of dismissal of the complaint case bearing no. C/1 138 of 2012 which was filed under section 138 of Negotiable Instruments Act.

2. The appeal preferred by the complainant against the judgment in C/1 138 of 2012 corresponding to T.R. No. 153 of 2013 was dismissed vide judgment dated 14.01.2016.

3. The complainant has set up a case that the accused approached him In August, 2011 for a friendly loan of Rs.1,40,000/ - with a promise to repay the same by December, 2011. The accused issued post-dated cheque bearing no. 401938 dated 15.12.2011 drawn on Punjab National Bank for Rs.1,40,000/ - in his favour, in acknowledgment of the loan amount received by him. The said cheque on presentation for encashment was dishonoured with the remarks "due to insufficiency of fund". A legal notice was sent to the accused through registered post with acknowledgment on his residential address however in spite of knowledge about the demand notice the accused refused to receive the notice and the legal notice was returned with remark "not claimed". By an order dated 07.02.2012, cognizance of the offence under section 138 of Negotiable Instruments A