BALAJI DIESEL SALES MART Vs. DALTON CERAMIC INDUSTRIES

JUDGEMENT

(1.) AS against the judgment of the lower appellate Court (Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Vellore) dated 08.02.1999 made in C.A.No.35 of 1994, reversing the judgment of conviction of the trial court (Judicial Magistrate No.3, Vellore), dated 31.03.1994 made in C.C.No.21 of 1993, the present Criminal Appeal has been preferred under Section 378(4) Cr.P.C.

(2.) THE complainant before the trial Court/the respondent before the lower appellate Court is the appellant herein. He had preferred a private complaint under Section 200 Cr.P.C. alleging commission of an offence punishable under Section 138 of the Negotiable Instruments Act by the respondent herein. Following the procedure prescribed for taking cognizance of offences on private complaint, the learned Judicial Magistrate No.3, Vellore, took the same on file as C.C.No.21 of 1993. On appearance of the accused and on the plea of not guilty made by the accused, the accused (the respondent herein) was tried for an offence punishable under Section 138 of the Negotiable Instruments Act.

(3.) THIS court heard the submissions made by Mr.P.Rajamanickam, learned counsel appearing for the appellant and by M/s.T.S.Gopalan & Co, learned counsel appearing for the respondent. The judgments of the Courts below and other material records were also perused. THIS Court paid it anxious consideration to each and every point raised on either side and the materials available on record.