K.ABDU RAHIMAN Vs. C.K.ALAVI

JUDGEMENT

(1.) This appeal is filed against the order dated 22.01.2005 in Crl.Appeal No.291 of 2003 on the file of the Additional Sessions Judge, Manjeri (Adhoc Fast Track Court-III by which the Sessions Judge set aside the judgment dated 11-08-2003 in S.T. No.105 of 2000 on the file of the Chief Judicial Magistrate Court, Manjeri. The above S.T. No.105 of 2000 is filed by the appellant herein to prosecute the first respondent herein for the offence punishable under Section 138 of the Negotiable Instrument Act. The trial court convicted the first respondent and the Appellate Court reversed the judgment of the trial court and hence this appeal is filed by the appellant/complainant (hereinafter, the parties are mentioned in accordance with their rank in the trial court).

(2.) The complainant's case, in brief, is as follows:

(3.) To substantiate the case, the complainant himself was examined as PW1. Exhibits P1 to P6 are his exhibits. DW1 and DW2 are the witnesses examined on the defence side. Exhibits D1 to D7 are the exhibits marked on the side of defence. On going through the evidences and documents,the trial court found that the accused had committed the offence under Section 138 of the Negotiable Instrument Act. The accused is sentenced to undergo simple imprisonment for six months and he is directed to pay a sum of Rs.2,30,000/- by way of compensation under Section 357(3) of the Code of Criminal Procedure (hereinafter Cr.PC ) and in default of payment of compensation, he is further directed to undergo simple imprisonment for three months.