V RAMANI Vs. ESABELLA SAMUVEL

JUDGEMENT

(1.) This appeal has been directed against the judgement and order dated 21.04.2008 passed by the learned Additional District and Sessions Judge (FTC-V), Tiruvallur in C.A. No. 4/2007, wherein he set aside the judgment dated 09.01.2007 passed by the learned District Munsif-cum-Judicial Magistrate, Ambattur in C.C.No.1283 of 2004.

(2.) The appellant herein is the complainant in C.C. No. 1283 of 2004 on the file of the learned District Munsif-cum-Judicial Magistrate, Ambattur. A complaint for the said case has been filed by the appellant against the respondents by saying that the respondents 1 and 2 have committed the offence punishable under Section 138 of Negotiable Instruments Act. The learned Magistrate, during the course of the trial, examined the appellant as PW1 after marking 10 documents as Ex.P1 to Ex.P11. On the side of the respondents, the copy of the written statement filed in O.S.No.4442 of 2004 on the file of XIII Assistant Judge, City Civil Court, Chennai was marked as Ex.D1. After adopting procedures as laid down in Code of Criminal Procedure, the learned District Munsif-cum-Judicial Magistrate, Ambattur completed the trial and came to the conclusion that the respondents have committed offence punishable under Section 138 N.I.Act and sentenced them to undergo six months simple imprisonment and to pay a fine of Rs.5000/- each with default sentence.

(3.) Against which, the respondents herein have filed an appeal before the District Judge, Tiruvallur and same was tried by the Additional District and Sessions Judge (FTC-V), Tiruvallur. After elaborate enquiry, he set aside the conviction and sentence awarded by the learned District Munsif-cum-Judicial Magistrate, Ambattur. Against which, this appeal has been preferred for restoring the conviction and sentence awarded by the learned Magistrate.