HERAMBHA LEASING LIMITED, REP. BY ITS MANAGING DIRECTOR SRI C.S.J. NARASIMHALU Vs. SMT. D.M. LAKSHMAMMA W/O SRI K. MUNIYAPPA

JUDGEMENT

(1.) THIS appeal filed under Section 378(4) of Cr.P.C. by the complainant on obtaining special leave of this Court is directed against the judgment arid order dated 16.12.2006 passed by the XX ACMM mid XXII ASCJ, Bangalore in C.C. No. 6299/2001 acquitting the respondent/accused for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'N.I. Act')

(2.) ON the private complainant filed by the appellant under Section 200 of Cr.P.C., the respondent was tried for an offence punishable under Section 138 of the N.I. Act. The accused pleaded not guilty for the accusation made against him. Ultimately, after the trial, the learned Magistrate by the judgment under appeal acquitted the, respondent/accused, ft is against this judgment, the present appeal is filed.

(3.) IN the facts and circumstances of the case, the point that arises for my consideration is, 'whether the learned Magistrate is justified in acquitting the respondent/accused of the offence under Section 138 of the N.I. Act.?'