K. NARASAPPA Vs. GANAPATHI HEGDE

JUDGEMENT

(1.) THE learned Magistrate has acquitted respondent (hereinafter referred as 'accused') of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, appellant (hereinafter referred as 'complainant') is before this court. I have heard learned counsel for complainant and I have gone through the records.

(2.) THE learned trial Judge by accepting the affidavit of accused (DW1) in lieu of examination -in -chief and considering cross -examination of accused has acquitted accused of an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act').

(3.) IN a decision reported in : (2010) 3 SCC 83 (in the case of Mandvi Co -operative Bank Limited vs. Nimesh B. Thakore), the Supreme Court has held: -