ROY MATHEW, S/O.MATHAI Vs. SHAJI SIMON

JUDGEMENT

(1.) The appellant is the complainant in C.C.No.1037 of 2005 on the files of the court below. The appellant filed a complaint against the first respondent herein before the court below alleging offence punishable under Section 138 of the N.I.Act. The court below as per order dated 3.8.2005 acquitted the accused under Section 256 (1) Cr.P.C., against which this appeal has been filed, after obtaining special leave from this Court.

(2.) Since there is no representation for the appellant, this Court has appointed Adv.Smt.Maria Goretti T.J as amicus curiae to argue the appeal for the appellant.

(3.) Heard the learned amicus curiae and the learned Public Prosecutor.