R MANI Vs. S KASIVISWANATHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment in c. C. No. 114 of 2000 on the file of the Judicial Magistrate No. I, Erode. The complaint was preferred by the power of attorney holder of the complainant under Section 200 of Cr. P. C. , against the accused for offence under Section 138 of the Negotiable Instruments Act.

(2.) AFTER taking cognizance of the offence, the learned judicial Magistrate has secured the accused by sending summons and on his appearance copies under Section 207 of Cr. P. C. , were furnished to the accused and when the offence was explained to the accused and questioned, the accused pleaded not guilty.

(3.) WHEN incriminating circumstances were put to the accused, he would deny his complicity with the crime. On the side of the accused one Babu was examined as D. W. 1. The learned trial Judge after going through the evidence both oral and documentary has come to the conclusion that the offence under Section 138 of the Negotiable Instruments Act was not made out against the accused and accordingly acquitted the accused from the charges levelled against him, which necessitated the complainant to prefer this appeal.