(1.) The Petitioner/Complainant has projected the instant Criminal Original Petition seeking leave of this Court to file the criminal appeal against the judgment made in C.C.No. 257 of 2011 passed by the learned Judicial Magistrate, (FTC), Palani on 10.09.2012.
(2.) The learned Judicial Magistrate, (FTC), Palani, on 10.09.2012, has inter alia observed that the petitioner/complainant has not established the offence against the respondent/accused under Section 138 of the Negotiable Instruments Act beyond reasonable doubt and resultantly acquitted him as per Section 255(1) of Cr.P.C.
(3.) The plea of the petitioner/complainant before this Court is that on his side, he examined P.Ws.1 to 3 before the trial Court in C.C.No. 257 of 2011 and marked Exs.P1 to P8 to substantiate his case. However, the Respondent/ Accused has examined herself as R.W.1 and her husband examined as R.W.2 and marked Exs.R1 to R5.