(1.) THE learned Magistrate has acquitted respondent (hereinafter referred to as 'accused') for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred to as 'complainant') is before this court. I have heard learned counsel for appellant. The learned counsel for respondent absent. I have gone through the records.
(2.) THE complaint was registered for an offence punishable under section 138 of the Act. Under section 143 of the Act, offences under Chapter XVII of the Act shall be tried by a Judicial Magistrate of the first class or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trials.
(3.) AS per the averments of complaint, dishonoured cheques are cheques bearing No. 310298 dated 10.03.2010 for a sum of Rs. 5,89,000/ - and cheque bearing No. 928647 dated 26.06.2010 for a sum of Rs. 4,20,000/ -.