K R DHANPAL Vs. S M SATHAYANARANA

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 18.9.2006 in C.C.No.13929/2003 on the file of XXI Addl. CMM Court, Bangalore City, whereby the complaint came to be dismissed as barred by time and the accused has been acquitted for the offence punishable under Section 138 of N.I. Act.

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

(3.) The accused having denied the charge the complainant in order to prove the case, got himself examined as PW-1 and relied upon six documents marked Exs-P1 to P6. The accused on the other hand got himself examined as DW-1 and placed reliance on 17 documents marked Exs-D1 to D17. The learned Magistrate after hearing the submissions made by both the learned counsel and on appreciation of the evidence by the impugned judgment dismissed the complaint as barred by time, consequently accused has been acquitted for the offence punishable under Section 138 of N.I. Act. Hence, this appeal by the complainant.