N SHANKAREGOWDA Vs. P PANCHALINGEGOWDA; C K PANCHALINGEGOWDA

JUDGEMENT

(1.) Complainant is the appellant and the respondents were the accused in C.C.No.895/13 on the file of the Addl. Civil Judge (Jr.Dn.) & JMFC, Mandya. Therein, by a judgment dated 31/10/2006, the respondents were found guilty of an offence punishable under Section 138 of N.I.Act and were sentenced to pay fine of Rs.5,000/- and in default of payment of fine, to undergo S.I. for 3 months, apart from the payment of compensation of Rs.3,00,000/-, under Section 357 Cr.P.C., to the complainant. The accused having filed Crl.A.148/06 in the Sessions Court at Mandya and the case having been assigned to Fast Track Court III at Mandya, the learned Addl. Sessions Judge and Presiding Officer of the Fast Track Court, by a judgment dated 27/7/2007, allowed the appeal and acquitted the accused of the alleged offence. Assailing the said judgment, this appeal was filed.

(2.) Mr. Narasimhan, learned counsel for the appellant pointed out that there is an illegality committed by the Magistrate in taking the affidavit evidence of the accused and the learned Sessions Judge has committed error in not remanding the case to the trial Judge for consideration in accordance with law.

(3.) Learned advocate for the respondents on the other hand supported the impugned judgment passed by the appellate court.