1. The case of the complainant is that the petitioner/accused borrowed a sum of Rs. 1 lakh on 01.02.2008 and issued a cheque bearing S. No. 716364, when the said cheque was presented for collection, the same was dishonoured for the reason "Insufficient Funds." Thereafter, statutory notice was sent by the complainant to the accused on 25.08.2008 and said postal cover was returned with an endorsement intimation delivered on 06.10.2008. Since the accused has not paid the amount mentioned in the statutory notice nor sent reply to the said notice. Therefore, he filed a complaint before the Magistrate for the offence under Section 138 of Negotiable Instruments Act, r/w Section 200 and 357 of Cr.P.C.

2. In order to prove the case of the complainant before the Magistrate, he himself was examined as PW-1 and five documents were marked on his behalf. The incriminating circumstances which put before the accused, he denied the evidence of complaint as false and he opted for examining witness on his behalf. On the side of defence two witnesses were examined and 6 documents were marked.

3. The learned Magistrate after completion of the trial, heard the case on either side and discussed ela