ORDER :

1. At the instance of the petitioner, Complaint Case bearing No. C/1-2673 of 2010 (T.R. No. 926 of 2013) was instituted against opposite party no. 2 under Section 138 of the Negotiable Instruments Act for failing to discharge the debt of Rs. 92,000/- which he had availed of from the petitioner on 01.05.2010, by way of friendly loan. On 02.08.2010, opposite party no. 2 issued a cheque bearing no. 611592 in favour of the petitioner drawn on Canara Bank which on presentation was dishonored with the endorsement due to “insufficient funds” vide endorsement dated 05.08.2010. The petitioner sent a legal notice by registered post on 18.08.2010 requiring opposite party no. 2 to make payment of the cheque amount. The legal notice issued by the petitioner was received by opposite party no. 2 on 19.08.2010, however, he did not make payment to the petitioner and therefore, he has instituted the complaint case on 03.09.2010. In the trial, he has examined himself as CW-1 and on closure of his evidence the statement of opposite party no. 2 was recorded by the Court on 01.03.2013. In def