J. 1. Heard the learned counsel for the appellant and the respondent. 2. The appellant was the complainant before the trial Court alleging an offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I. Act' for brevity). 3. It was the case of the complainant that the accused had issued a cheque dated 20.09.2000 drawn on Karwar Branch, Sirsi Urban Co-operative Bank Ltd., Sirsi, for a sum of ₹ 5,00,000/- and when the same was presented for collection through the Syndicate Bank, Karwar, the same was returned with an endorsement that the accused had stopped payment of the same. On receipt of such an endorsement, the appellant had issued a legal notice calling upon the accused to pay the amount due under the cheque, when there was no compliance in the demand, the complaint was lodged. The respondent had entered appearance and had contested the proceedings. The defence of the respondent was to the effect that there was no consider

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