T V NAGARAJ Vs. B ANJANAPPA

JUDGEMENT

(1.) ON a complaint filed by the respondent under Section 200 of the Cr. P. C. , alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the petitioner-accused, the petitioner-accused was proceeded against in CC No. 4319 of 1994 by the learned II Additional Chief Metropolitan Magistrate, Bangalore City, and by the judgment and order dated 11-10-1995, was acquitted of the said offence.

(2.) AS against the above said judgment and order of acquittal, the respondent-complainant preferred Revision Petition under Section 397 of the Cr. P. C. at Criminal Revision Petition No. 254 of 1995 before the learned XXIII Additional City Civil and Sessions Judge, Bangalore. The learned Sessions Judge entertained the said Revision Petition and allowed the same by his order dated 29-11-1997, setting aside the order of acquittal passed by the learned Chief Metropolitan Magistrate, and convicting the petitioner-accused of the offence punishable under Section 138 of the Negotiable Instruments Act, and sentencing him to imprisonment for two months, and to pay a fine of Rs. 25,000/-, in default, to undergo imprisonment for three months, a sum of Rs. 17,000/-, out of the fine amount being directed to be paid to the respondent complainant.

(3.) AS against the said order of the learned Sessions Judge, the petitioner has now approached this Court under Section 397 of the Cr. P. C. Merits are not gone into, and the Revision Petition is being allowed, on accepting the plea of the petitioner-accused on a question of law. It is in the following circumstances.