GUJARATH GUARDIAN LIMITED Vs. GEORGE KURIAN

JUDGEMENT

(1.) Appeal filed under Section 378(4) Cr.P.C. Appellant is a company registered under the Companies Act. The company filed a complaint before the learned Magistrate against the respondent/accused alleging an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short 'the NI Act'). Learned Magistrate, after trial, convicted the accused and imposed sentence. The accused took up the matter in appeal before the learned Additional Sessions Judge. He reconsidered the matter and reversed the finding of the learned Magistrate and dismissed the complaint, thereby the accused was acquitted. Aggrieved by that decision, the complainant/appellant has approached this Court. Facts in short, necessary for disposal of the appeal, are as follows:

(2.) At the time of trial, two witnesses were examined on the side of the complainant and nine documents were marked. There was no defence evidence.

(3.) Heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused. Learned Public Prosecutor was also heard.