ORDER

Heard the learned counsel for the revision petitioner and the learned counsel for the respondents.

2. This Criminal Revision Case is filed against the concurrent finding of the Courts below for a private complaint filed under Section 138 of Negotiable Instruments Act.

3. The case of the complainant / respondent is that the accused known to him for the past 10 years and he was a tenant under him. To improve his business, he has received Rs.9,00,000/- as hand loan and gave a post dated cheque, dated 19.07.2010. On presentation of the cheque it was returned as 'Funds Insufficient'. After causing statutory notice, a private complaint has been filed for action under Section 138 of N.I.Act.

4. The accused took specific defends stating that on

20.03.2010, he entered into a rental agreement with the complainant in respect of the shop premises owned by the complainant and as per the terms of the rental agreement, the rent was fixed at the rate of Rs.100 per day and an advance of Rs.20,000/- has been agreed to pay. In view of the advance, a blank cheque drawn at IDBI bank bearing No.001227 was issued to the complainant, the said cheque has been misused by the complainant and filled it for R