The

present

petitioner

was

accused

in

C.C.No.389/2005, in the Court of the learned Civil Judge &

J.M.F.C., Somwarpet, (hereinafter for brevity referred to as

the `trial Court'). By its judgment dated 27.09.2013, the

trial Court convicted the accused for the offence

punishable under Section 138 of Negotiable Instruments

Act, 1881 (hereinafter for brevity referred to as `N.I.Act9)

and sentenced him accordingly.

2. The summary of the case of the complainant in the

trial Court was that on 12.03.2004, the accused who was a

known person to him, for his family necessity and to

secure a job for his sister, had availed a loan of a sum of

`5 lakhs, promising to repay the same within two months.

On the very same day, while availing the loan, the accused

had given a post-dated cheque with the date 13.05.2004

3

for the said amount. After the agreed period, when the

said cheque was presented for its realisation, the same

came to be returned with the Banker's endorsement as

`funds insufficient' in the drawer's account. Thereafter,

he issued a legal notice to the accused both under

Registered

Post

Acknowledgement

Due

and

under

Certificate of Posting. The notice sent through Registered

Post