H.L. Gokhale, J. — Heard Mr. R.S. Hegde, learned counsel in support of this petition and Mr. G.V. Chandrashekhar, learned counsel appearing for the respondent.

2. Leave granted.

3. Both the counsel have made their submissions.

4. The facts giving rise to this criminal appeal are as follows —

The respondent had issued four cheques to the appellant, which had bounced. Out of the five cheques, a cheque dated 31st July, 2003, was issued for an amount of Rs.1,36,000/-, and three other cheques dated 10th August, 2003, 15th August, 2003 and 18th August, 2003, respectively were for a sum of Rs. One lakh each. Since those cheques got bounced, the appellant filed a Complaint bearing No.2857 of 2003, in the Court of Judicial Magistrate, First Class-II, Davangere, in the State of Karnataka, under Section 138 of the Negotiable Instruments Act, 1881. The case of the appellant is that since these cheques were dishonoured, an appropriate order under the law was necessary.

5. The defence of the respondent was that there was an agreement of sale between the parties, and that the Complainant was a businessman dealing in lands, and it was in that transaction that the respondent had issue