The complainant in S.T.C.No.40 of 2015 is the appellant herein. It is a private complaint filed under Section 138 of the Negotiable Instruments Act. The complaint has been filed on the allegations that the respondent herein on 20.11.2014 borrowed a sum of Rs.10,00,000/- from him and for the discharge of the said liability, he has handed over a post-dated cheque [Ex.P.1] [bearing No.582714 dated 11.03.2015 for Rs.10,00,000/-]. That cheque was dishonoured when presented for collection through Canara Bank, Bhavani Branch, due to funds insufficient in the account of the respondent and it was informed to the complainant on 13.03.2015 [Ex.P.2].

2. The complainant issued legal notice [Ex.P.3] dated 14.03.2015 calling upon the respondent to pay the cheque amount. It was received on 16.03.2015 as per postal acknowledgement [Ex.P.5]. The respondent sent reply [Ex.P.6] dated 27.03.2015. The complaint was presented on 30.03.2015. The complaint was returned by the Magistrate, as it had been presented before the expiry of the notice period of 15 days for payment, from the date of receipt of notice [Ex.P.5] on 16.03.2015. Thereafter, the complaint was represented on 21.04.2015.

3. The Mag