VELU Vs. S. SUDALAIMUTHU

JUDGEMENT

(1.) THE complainant before the trial Court is the appellant herein. The appellant had preferred a complaint under Section 200 Cr.P.C., on the file of the trial Court, namely, the court of learned Special Judicial Magistrate-cum-II Additional District Munsif, Tirunelveli against the respondent herein for prosecuting and punishing the respondent for an alleged offence punishable under Section 138 of Negotiable Instruments Act.

(2.) THE case was tried as a summary trial case assigning S.T.C.No.62 of 2006. At the end of trial, the learned Special Judicial Magistrate found the respondent herein/accused not guilty of the offence for which he was prosecuted, namely an offence under Section 138 of Negotiable Instruments Act and acquitted him by judgment, dated 02.02.2011. The said judgement is impugned by the appellant in the present appeal preferred under Section 378(4) Cr.P.C.

(3.) THE point that arose for consideration in this appeal is that: