G SRINIVASA REDDY Vs. M NAGARAJU

JUDGEMENT

(1.) The present appellant as a complainant had instituted a criminal case against the present respondent arraigning him as accused in C.C. No.10561/2008 in the Court of the learned XIII Additional Chief Metropolitan Magistrate at Bengaluru (hereinafter for brevity referred to as the 'trial Court') for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the 'NI Act'). After trial, the trial Court by its impugned judgment dated 25.05.2010 convicted the accused for the alleged offence punishable under Section 138 of NI Act and sentenced him to pay a fine of Rs. 10,05,000/-, in default of payment of fine, to undergo simple imprisonment for a period of six months. Challenging the said judgment of conviction passed by the trial Court, the accused preferred an appeal in Criminal Appeal No.460/2010 in the Court of the learned Presiding Officer, Fast Track Court IX, Bengaluru City (hereinafter for brevity referred to as the 'first Appellate Court') which by its judgment dated 30.12.2010, allowed the appeal filed under Section 374 of the Code of Criminal Procedure, 1973 and while setting aside the impugned judgment passed by the trial Court, acquitted the accused for the alleged offence punishable under Section 138 of NI Act. It is against the said judgment of acquittal passed by the first Appellate Court, the complainant has preferred this appeal.

(2.) The respondent is being represented by his counsel.

(3.) The trial court records are called for and the same are placed before this Court.