(1.) This appeal is by the complainant in Criminal Case No. 5384/2007 on the file of the learned III Additional Civil Judge (Jr.Dn.) and J.M.F.C., Udupi (hereinafter referred to as the 'Trial Court' for short). The appellant-complainant has challenged in this appeal the correctness of the judgment and order of acquittal dated 6-10-2008 passed in the said case acquitting the respondent- accused of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act' for short).
(2.) Stated in brief the case of the complainant (hereinafter parties are referred to as per their rank before the Trial Court) as alleged in his complaint filed under Section 200 of Cr.P.C. against the accused, is as under :
(3.) In order to substantiate his case against the accused, the complainant has got examined himself as P.W. 1 and one Rathna Kumar as P.W. 2 and he has got marked for him the documents at Exs.P1 to P14. In support of his defence, the accused has got himself examined as D.W. 1 and he has got marked for him the documents at Exs.D1 to D3. On appreciation of the oral and documentary evidence placed on record by the respective parties, the Trial Court, by its impugned judgment and order of acquittal, acquitted the accused of the said offence.
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