BENNY Vs. BIJU

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 as he is aggrieved by the order dated 17/09/2009 in S.T.No.39 of 2008 of the court of the Additional Munsiff & Judicial Magistrate of the First Class, Irinjalakuda by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) Heard the learned counsel for the appellant.

(3.) The learned counsel for the appellant submitted that the cheque in question covers an amount of Rs 1,50,000/- and therefore an opportunity may be given to the appellant to prosecute the matter on merit.