B C VINAYAKA Vs. S PRAKASH

JUDGEMENT

(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.) Under section 262 Cr.P.C., in a trial under this Chapter, the procedure specified in this Code for trial of summons case shall be followed except as provided under sub-section (2) of section 262 Cr.P.C., which reads thus:-