FRANCIS SAVIO Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by one Francis Savio questioning the judgment of acquittal delivered by the Sessions Judge, Kottayam in Criminal Appeal No.127 of 1991.

(2.) The present appellant as complainant filed a case under Section 138 of the Negotiable Instruments Act against the 2nd respondent as accused before the Judicial Magistrate of the First Class, Vaikom in S. T. No. 404 of 1990. The Magistrate on examining the evidence found the 2nd respondent/accused guilty under Section 138 of the Negotiable Instruments Act and thereby sentenced him to undergo rigorous imprisonment for six months.

(3.) The above judgmentof the Magistrate was challenged in the appeal before the Sessions Judge, who allowed the appeal on the following grounds :