N D LAZAR Vs. GEE VARGHESE

JUDGEMENT

(1.) THIS petition is filed for leave to file an appeal against an order of acquittal.

(2.) APPELLANT is the complainant. He filed a complaint before the Magistrate Court, alleging offence under Section 138 of the Negotiable Instruments Act (for short. 'the Act') against first respondent. To prove the prosecution case, power of attorney of the complainant was examined as PW1. Exts.P1 to P6 were marked.

(3.) THE trial court also considered the contents of Ext.D1, certified copy of the plaint in the suit filed by the complainant for realization of Rs.1,00,000/- and other aspects and came to a conclusion that PW1 failed to prove execution of the cheque and hence, the complainant is not entitled for presumption under Section 139 of the Act. THE relevant portion at page 5 of the impugned order reads as follows :