SIDDAIAH GOWDA Vs. RAVI KUMARI

JUDGEMENT

(1.) This appeal is filed by the complainant challenging the judgment of acquittal dtd. 5/2/2013 passed in C.C.No.23670/2008 by the XIII A.C.M.M., Bengaluru, whereunder the respondent-accused has been acquitted for the offence punishable under Sec. 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I. Act' for brevity).

(2.) The brief facts of the appellant-complainant's case is that

(3.) Learned Magistrate took cognizance and registered case against the respondent 'accused for offence punishable under Sec. 138 of N.I. Act in C.C.No.23670/2008. The plea of the respondent 'accused has been recorded. The complainant in order to prove his case has examined himself as P.W.1, got examined one witness as P.W.2 and got marked documents as Ex.P1 to P11. The statement of respondent-accused came to be recorded under Sec. 313 of Cr.P.C. The respondent - accused has been examined himself as D.W.1 and no documents are produced on behalf of the respondent - accused. Learned Magistrate after hearing arguments on both sides has formulated points for consideration and passed impugned judgment of acquittal. The said judgment of acquittal has been challenged by the complainant in this appeal.