NARAYANAMURTHY Vs. YOGESH K R , S/O RAJEGOWDA

JUDGEMENT

(1.) In C.C.No.399/2007, by Judgment dated 08.07.2013, the Additional Civil Judge & JMFC, Hassan, found the respondent guilty of an offence punishable under Section 138 of Negotiable Instruments Act, 1881. The respondent, who was convicted for the said offence, was sentenced to pay fine of Rs. 1,60,000/- and in default, to undergo simple imprisonment for six months. Out of the fine amount, the complainant was held entitled for cheque amount of Rs. 1,50,000/- as compensation.

(2.) Criminal Appeal No.148/2013 filed by the accused/respondent was allowed by the Additional Sessions Judge, Hassan, by relying upon the decision in NITINBHAI SAEVATILAL SHAH & ANR. VS. MANUBHAI MANJIBHAI PANCHAL & ANR., 2011 AIR(SC) 3076

(3.) Learned Appellate Judge has not even considered the record of the case received from the Trial Court. Without going into the merit of the case and by only making reference to the aforesaid Judgment, appeal was allowed and the impugned Judgment and Order therein, was set aside and the case was remanded to the Trial Court for re-trial and disposal.