SHAAN FINANCE LTD. Vs. A.K.SHAKKEER

JUDGEMENT

(1.) This is an appeal against acquittal filed under Sec. 378(3) and (4) of the Code of Criminal Procedure, 1973 (Code).

(2.) The appellant filed a complaint alleging that the 1 st respondent along with others committed offence punishable under Ss. 406, 420 and 120B read with Sec. 34 of the Indian Penal Code, 1860 (IPC). The 1 st respondent alone was summoned and tried. He was tried on a charge for the offence under Sec. 406 of the IPC. The Chief Judicial Magistrate, Ernakulam convicted and sentenced him as per the judgment dtd. 3/7/2009. The 1 st respondent appealed. The Additional Sessions Judge (Adhoc)-II, Ernakulam allowed the appeal and acquitted the 1st respondent. Challenging that judgment, this appeal has been filed.

(3.) Heard the learned counsel for the appellant and the learned Public Prosecutor. The 1st respondent did not turn up.