BHAWANI ANAND Vs. B.J. VIKAS KUMAR

JUDGEMENT

(1.) This appeal is filed by the complainant challenging the judgment of acquittal dtd. 17/12/2012 passed in C.C.No.35724/2010 by the XIV Additional Chief Metropolitan Magistrate, Bengaluru, whereunder the respondent - accused has been acquitted for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I. Act' for brevity).

(2.) The case of the appellant - complainant in brief, is as under:

(3.) Learned Magistrate has taken cognizance against the respondent 'accused and registered case in C.C.No.35724/2010 for offence punishable under Sec. 138 of the N.I Act. The plea of respondent - accused has been recorded. The complainant in order to prove her case has examined herself as P.W.1 and got marked documents as Ex.P1 to P10. P.W.1 has not tendered herself for cross examination and same was noted in the order sheet dtd. 28/8/2012 and the case has been posted for recording of the statement under Sec. 313 of Cr.P.C. The statement of respondent -accused came to be recorded under Sec. 313 of Cr.P.C. 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.