K.S. BALARAMAN Vs. V. SANKARAN

JUDGEMENT

(1.) THIS criminal appeal has been directed against the order of acquittal dated 20 -06 -2006 passed in C.C. No. 236 of 2004 by the Judicial Magistrate No. II, Walajahpet.

(2.) THE appellant herein, as complainant has filed the complaint, in question, under Section 138 of the Negotiable Instruments Act and the same has been taken on file in C.C. No. 236 of 2004, wherein the present respondent has been shown as sole accused.

(3.) THE Trial Court after contemplating the rival contentions put forth on either side has dismissed the complaint by way of holding that the cheque, in question has not been given in respect of an enforceable debt and thereby acquitted the accused. Against the order of acquittal, the present criminal appeal has been preferred at the instance of the complainant, as appellant.