K. NAGALINGAM Vs. V. SELVARAJ

JUDGEMENT

(1.) THIS criminal appeal has been directed against the order of acquittal passed in Criminal Appeal No. 411 of 2004 by the Sessions Court/Fast Track Court No. IV, Chennai, wherein the conviction and sentence passed in Calendar Case No. 4430 of 2002 by the VII Metropolitan Magistrate, Chennai @ George Town are reversed.

(2.) THE appellant herein as complainant has filed the complaint, in question under Section 138 of the Negotiable Instruments Act, 1881('NI Act' in short) on the file of the Trial Court and the same has been taken on file in C.C. No. 4430 of 2002, wherein the present respondent has been shown as sole accused.

(3.) THE Trial Court, after considering the divergent contentions put forth on either side and also after perpending the available evidence on record has found the accused guilty under Section 138 of the NI Act and sentenced to undergo six months' RI. Against the conviction and sentence passed by the Trial Court, the accused, as appellant, preferred Crl. A. No. 411 of 2004 on the file of the First Appellate Court.