ORDER :

1. This appeal arises out of the judgment and order dated 5.8.2005 pronounced by the High Court of Karnataka in Criminal Appeal No. 774 of 2000 that was filed by the respondent challenging the acquittal of the appellant by the Trial Court vide judgment dated 31.5.2000/1.6.2000 passed in complaint case that was lodged by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act')

2. The aforesaid complaint under Section 138 of the Act was filed alleging that the appellant herein was to pay a sum of Rs. 4,35,000/- to the respondent in terms of the agreement dated 10.7.1996 executed between the parties and towards that payment, a cheque of Rs. 1,00,000/-was given by the appellant to the respondent and on its presentation, the same was returned with an endorsement “stoppage of payment”. In the complaint, it was also alleged that this amount was not paid even after the issuance of statutory notice and because of that the complaint was filed. The Trial Court while acquitting the appellant supported the said acquittal with the reasons that the statutory notice allegedly served upon the appellant was not even placed on record in spi