GURU JEWELERS Vs. RAMACHANDRAN S/O KESAVAN NALUTHENNGUNKAL

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant since it is aggrieved by the judgment dated 31.10.2011 in C.C.No.789 of 2009 of the Chief Judicial Magistrate Court, Alappuzha, by which the learned Magistrate acquitted the accused under Section 255(1) of the Cr.P.C.

(2.) HEARD the counsel for the appellant. I have perused the judgment of the trial court impugned in this appeal.

(3.) IN the result, this appeal is disposed of setting aside the judgment dated 31/10/2011 in C.C.No.789/2009 of the court of Chief Judicial Magistrate of Alappuzha and the case is remanded back to the same court for fresh consideration and disposal, after giving an opportunity to the complainant as well as the accused to adduce evidence provided the appellant/complainant deposit a sum of Rs.2,500/- in the trial court within one month from today.