VIJAYA KUMARI Vs. SUDHARSHAN SHETTY

JUDGEMENT

(1.) The appellant has challenged the judgment and order in Crl.A.No.100/2002 dated 09.01.2007 acquitting the respondent for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'NI Act' for short) by setting aside the conviction order passed by the learned Magistrate in CC No.3290/1999.

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

(3.) During the trial, the complainant was examined as PW1 and a witness as PW2 and in their evidence documents Exs.P1 to P15 were marked. Statement of the respondent was recorded under Section 313 Cr.P.C. The respondent examined DW1 and document Exs.D1 to D4 were marked. The Trial Court after hearing the counsel for parties and on appreciation of the material on record, convicted the respondent for the charge under Section 138 of NI Act and ordered him to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for 2 months and to pay a compensation of Rs.53,000/-. Aggrieved by the conviction and sentence, the respondent preferred an appeal in Crl.A.No.100/2002 and the said appeal came to be allowed by the Appellate Court vide order dated 09.01.2007. Aggrieved by the acquittal, the present appeal has been filed.