SATHIYAMMA RAJENDRAN Vs. GIREESH KUMAR

JUDGEMENT

(1.) This appeal is preferred against the judgment of II Additional Court of Sessions, Thiruvananthapuram (for short -the appellate court-) in Crl. Appeal No. 32/2015.

(2.) The judgment was passed on 2/12/2015 and the 1st respondent herein was acquitted by the appellate court. The reasoning of the appellate court while acquitting the accused was that the source of income to advance the money was not proved by the complainant. The complaint was filed to launch the prosecution before the Judicial First Class Magistrate Court For Trial of Forest Offences, Nedumangad (for short -the trial court-).

(3.) Before the trial court, both parties had adduced evidence. On the side of the prosecution, PW1 and PW2 were examined and Exts.P1 to P5 were marked. On the side of the accused, DW1 to DW3 were examined and Exts.D1 and D2 were marked. After appreciation of the above evidence, the trial court has found the accused guilty for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short -NI Act-) and convicted and sentenced him to undergo simple imprisonment for one year and to deposit a sum of Rs.3,00,000.00as fine and to undergo simple imprisonment for six months, in case of default in deposit of fine. The trial court has further directed that the fine amount on realisation shall be given to the complainant as compensation under Sec. 357 (3) of the Code of Criminal Procedure, 1973.