WILFRED E PINTO Vs. GURUNATHA GANIGA

JUDGEMENT

(1.) THIS appeal is against the judgment and order dated 20th April 2013 in Criminal Case.No.183/2010 on the file of JMFC, Moodbidri, whereby the accused has been acquitted for the offence punishable under Section 138 of N.I. Act.

(2.) THE brief facts which gave rise to this appeal are as under: -

(3.) THE accused having denied the charge, the complainant got himself examined as PW -1 and one Edward D' Souza as PW -2. He relied upon six documents marked as Exs -P1 to P6 in order to prove the charge. The accused on the other hand has not led any evidence either oral or documentary. The learned Magistrate upon appreciation of evidence recorded a finding that the complainant failed to establish the charge levelled against the accused for the offence punishable under Section 138 of N.I. Act and thereby by the impugned judgment and order, the accused has been acquitted.