In this appeal complainant has challenged the

impugned judgment and order passed by the Sessions

Court, whereby it has set aside conviction and sentence of

respondent/accused for the offence punishable under

Section 138 of N.I.Act, imposed by the trial Court directing

him to pay the cheque amount within a period of three

months, in default to undergo simple imprisonment for six

months.

2.

For the sake of the convenience the parties are

referred to by their rank before the trial Court.

3

3.

It is the case of the complainant that accused

borrowed a sum of Rs.1,20,000/- from the complainant on

10.04.2006. However, he failed to repay the said amount

as promised. On repeated demand, accused issued cheque

dated 03.04.2007 drawn on State Bank of Mysuru, Kuderu

Branch.

However,

on

21.08.2007

when

complainant

presented the same through his banker i.e., Primary

Agriculture Co-operative Bank Ltd., Ummathur (for short

'PACC Bank"), it was returned with endorsement "Funds

Insufficient". Therefore, he got issued a legal notice on

12.09.2007. The same is returned with endorsement "Party

not in station". Intentionally the accused has failed to

receive the legal notice. Therefore, it is deemed to b