ORAL ORDER

This petition filed under Section 397(1)and 401(1) of the Code of Criminal Procedure is by the accused challenging the judgment and order of conviction passed by the trial Court for the offence punishable under Section 138 of N I Act, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him.

2. For the sake of convenience, parties are referred to by their ranks before the trial Court.

3. Complainant filed a complaint under Section 138 of N.I Act, contending that he and accused are friends. For his necessity, accused borrowed a sum of Rs.60,000/- from complainant on 10.04.2005 and issued cheque dated 06.06.2005 with a direction to get the amount from his account. Accordingly, he presented the cheque on 06.06.2005 for encashment through his account. However, it came to be dishonoured for want of sufficient funds. Complainant got issued legal notice dated 21.06.2005. Though duly served, the accused has neither sent reply nor complied with the same and hence the complaint.

4. Accused appeared through counsel and contested the case by pleading not guilty.

5. In order to prove the allegations against accused, the complainant has examined himself as