VITTAL SHETTY Vs. B SURESH

JUDGEMENT

(1.) Appellant is the complainant and the respondent was accused in C.C.No.1914/2003 on the file of the JMFC, Udupi. In the said case, the respondent was found guilty of an offence punishable under Section 138 of N.I.Act and was sentenced to pay fine of Rs.1,25,000/- and in default, to undergo S.I. for a period of 8 months. The said judgment of conviction and order of sentence was assailed by the respondent herein in Crl.A.No.186/2007 on the file of the Sessions Judge, Udupi District. Appeal having been allowed and the impugned judgment of conviction and order of sentence having been set aside, feeling aggrieved, the complainant filed this appeal by seeking special leave.

(2.) Heard learned advocates on both sides and perused the record. Since the case is required to be remanded to the learned Appellate Judge for consideration and decision afresh, I deem it inappropriate to refer to the rival contentions on the merit of the case and record findings, as the same may cause prejudice to the parties.

(3.) The respondent, while deposing as DW-1 had stated that on account of his abduction on 9/7/2002 and the threat caused to his life and liberty, he lodged a complaint and after the investigation, charge sheet was filed and registered in C.C.No.3724/2002 and the case is pending. He did not dispute that Ex.P1 belonged to him. According to him, his signature on Ex.P1 was forged and the contents therein have been filled upto foist false case against him.