G JAYARADHA Vs. C R UMAPATHI

JUDGEMENT

(1.) The complainant is the appellant herein. The respondent herein was convicted and sentenced for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 by the trial Court but was acquitted by the First Appellate Court.

(2.) The appellant/complainant herein has filed C.C. No.316 of 2003 on the file of the learned Judicial Magistrate No.II, Cuddalore, against the respondent herein for the offence punishable under Section 138 of Negotiable Instrument Act, 1881 (in short " the N.I. Act.). On completion of trial, the learned Judicial Magistrate No.II, Cuddalore, by Judgment dated 21.04.2011, convicted the respondent herein for the offence punishable under Section 138 of N.I. Act and also sentenced him to undergo 6 month simple imprisonment and to pay a fine of Rs. 5,000/- in default, to undergo one month simple imprisonment. Challenging the above said order, the respondent herein has filed C.A. No.37 of 2011 on the file of the learned Ist Additional District and Sessions Judge, Cuddalore, by and which the the learned Ist Additional District and Session Judge has allowed the said appeal by the Judgment dated 16.07.2013, acquitting the respondent and setting aside the conviction and sentence imposed on the respondent herein. Aggrieved by the above Judgment, the appellant herein has preferred this Criminal Appeal.

(3.) Brief facts of the case as follows: