K PADMANATHAN Vs. M SOMASUNDARAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal pronounced by the learned Judicial Magistrate No.I, Tirupur in C.C.No.451 of 1999 a case taken on file based on the complaint of the petitioner herein against the respondent herein alleging that the respondent committed an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred as the Act).

(2.) THE learned Judicial Magistrate after trial found the respondent herein/accused not guilty of the offence for which he was prosecuted and acquitted him of the said offence by his judgment dated 08.02.2002.

(3.) THE learned Judicial Magistrate after hearing the arguments advanced on both sides, evaluated the evidence and came to the conclusion that the charge under Section 138 of the Act against the respondent/accused was not proved beyond reasonable doubt and hence pronounced a judgment acquitting the respondent/accused in respect of the said charge. Aggrieved by the said judgment of acquittal, the appellant/complainant has come forward with this criminal appeal with the leave of this Court obtained under Section 317(4) Cr.P.C.