M ASHOKA Vs. H RAMAIAH

JUDGEMENT

(1.) The appellant has challenged the judgment and order acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'NI Act' for short) on a trial held by Addl. CMM, Bangalore City.

(2.) The facts relevant for the purpose of this appeal are as under:

(3.) During the trial, the appellant examined himself as PW1 and a witness as PW2 and in the evidence got marked documents Exs.P1 to P22. Statement of the respondent was recorded under Section 313 Cr.P.C. The respondent examined himself as DW1 and got marked the documents Exs.D1 to D8. The Trial Court after hearing the counsel for parties and on appreciation of the material on record has acquitted the respondent for the charge under Section 138 of NI Act. Aggrieved by the acquittal, the present appeal has been filed.