ER S KARUPPUSAMY Vs. C SUGUMAR

JUDGEMENT

(1.) THIS appeal has been preferred against the Judgment in C.A.No.238 of 1999 on the file of IV Additional Sessions Judge, City Civil Court, Chennai which had arisen out of the Judgment in C.C.No.7494 of 1997 on the file of XV Metropolitan Magistrate, George Town, Chennai-1. The complainant had preferred a complaint under Section 200 of Cr.P.C. for an offence under Section 138 of the Negotiable Instruments Act (herein after referred to as "the Act") against the accused.

(2.) AFTER taking cognizance of the offence, the learned trial Judge has issued summons to the accused, on his appearance furnished copies under Section 207 of Cr.P.C. and when the offence was explained to the accused and questioned the accused pleaded not guilty.

(3.) AFTER going through the evidence both oral and documentary let in before her, the learned trial Judge has held that an offence under Section 138 of the Act has been proved beyond any reasonable doubt against the accused and accordingly convicted the accused under Section 138 of the Act and sentenced him to undergo six months rigorous imprisonment and a fine of Rs.5,000/- with default sentence. Aggrieved by the findings of the learned trial Judge, the accused has preferred an appeal before IV Additional Sessions Judge, City Civil Court, Chennai in C.A.No.238 of 1999. The learned Sessions Judge, after meticulously going through the material records available and after hearing the learned counsel appearing for the appellant as well as the respondent has held that the findings of the learned trial Judge is to be interfered with and accordingly allowed the appeal thereby setting aside the judgment of the learned trial Judge in C.A.No.238 of 1999 which necessitated the complainant to prefer this appeal.