S.N. MURALI SHARMA Vs. R. RAVI

JUDGEMENT

(1.) THE learned Magistrate has convicted respondent (hereinafter referred as 'accused') for an offence punishable under section 138 of the Negotiable Instruments Act, 1881 (for short, 'the Act'). Therefore, accused was before I -appellate Court. The I -appellate court reversed the judgment of conviction. Therefore, appellant (hereinafter referred as 'complainant') is before this court. I have heard learned counsel for complainant and learned counsel for accused.

(2.) THE averments of complaint and evidence adduced by complainant are stated thus: - -

(3.) THE learned Judge of I -appellate court on re -appreciation of evidence has held that complainant has failed to prove his financial capacity to lend a sum of Rs. 90,000/ - to accused. The learned Judge of I appellate court has held that case of complainant that he had lent a sum of Rs. 90,000/ - to accused, without charging interest and without obtaining any security is not free from reasonable doubt.