Legality of the correctness of taking cognizance and issuing summons to the revision-petitioner on November 30, 1994 by the Munsif and J.M.F.C, Hadagali, District of Bellary in a criminal case instituted on a private complaint by second respondent for an offence under Sec.138 of the Negotiable Instruments Act is challenged in this revision petition.

The revision-petitioner is the accused, second respondent is the complainant and the first respondent is the State of Karnataka, Hereinafter I refer to the parties as they are described in the private complaint for the purpose of convenience.

2. Few facts relevant for the disposal of this revision may be stated thus:

It appears the accused had taken hand loan of Rs. 30,000 from the complainant for his contract work on October 4, 1993 promising him to repay on demand. When the complainant demanded for repayment of the amount, accused issued a cheque bearing No. 124453, dated January 18,1944 in favour of the complainant for a sum of Rs.30,000 drawn on Bellary District Central Co-operative Bank, Harapanahalli Branch. The complainant presented the cheque for encashment and on April 19, 1994, the cheque was bounced with an endorsement “re