V.VALARMATHI Vs. N.CHITRA

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant/complainant to set aside the order of acquittal dtd. 2/6/2017 made in C.A.No.179 of 2016 on the file of the II Additional District and Sessions Court, Erode, reversing the Order dtd. 3/10/2016 made in S.T.C.No.153 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court, No.II, Erode.

(2.) The facts of the case in brief are as follows: This case has arisen due to dishonour of the cheque issued by the respondent /accused. The appellant in this appeal is the complainant before the trial Court. The appellant/complainant has filed a private complaint against the respondent/accused to punish him for the offence under Sec. 138 of the Negotiable Instruments Act. 1883.

(3.) After the conclusion of the trial and on considering the materials available on record, the learned trial Judge found the accused guilty for the offence under Sec.138 N.I. Act and convicted and sentenced him to undergo one year simple imprisonment and imposed a fine of Rs.5000.00, in default to undergo three months simple imprisonment. The accused challenged the above judgement by filing an appeal before the II Additional Sessions Court, Erode in Crl.A.No.179 of 2016 and the same was allowed and the judgement of the trial Court was set aside. Aggrieved over that, the complainant has preferred this Criminal Appeal.