NEELAKANTA A Vs. JAYASHREE V

JUDGEMENT

(1.) This revision is filed by the accused challenging the judgment of conviction and order of sentence passed by the LXIV Additional City Civil & Sessions Judge(CCH-64), Bangalore in Criminal Appeal No.1798/2017 dtd.: 14/8/2019.

(2.) The brief factual matter is leading to the case are that the complainant had lodged a complaint against accusedrevision petitioner herein for the offence under Sec. 138 of Negotiation Instrument Act before the learned Magistrate. The learned Magistrate after taking cognizance issued process against the accused and accused appeared and he was enlarged on bail. The trial was conducted and the learned Magistrate after appreciating the oral and documentary evidence has acquitted the accused for the offence under Sec. 138 of NI act by exercising the powers conferred on whom under Sec. 255(1) of Cr.P.C.

(3.) This order of acquittal is challenged by the complainant-respondent herein before the LXIV Additional City Civil & Sessions Judge(CCH-64), Bangalore in Criminal Appeal No. 1798/2017. The learned Sessions Judge after appreciating the oral and documentary evidence has set aside the judgment of acquittal passed by the trial Court and allowed Criminal Appeal filed under Sec. 372 of Cr.P.C by convicting the accused for the offence under Sec. 138 of NI Act by imposing sentence of fine of Rs.8,25,000.00. Being aggrieved of this judgment of conviction and order of sentence passed by the lower Appellate Court, this Revision is filed.