C DHARMAN Vs. R SHANKAR

JUDGEMENT

(1.) This appeal has been filed against the order of acquittal dated 16.09.2009 in Criminal Appeal No.12 of 2009 passed by the learned Principal Sessions Judge, Dharmapuri.

(2.) The appellant herein is the complainant in C.C.No.46 of 2005 on the file of the learned Judicial Magistrate, Harur. He filed a complaint against the respondent/accused alleging that the accused committed an offence punishable under Section 138 of Negotiable Instruments Act, 1881. After elaborate enquiry, the accused was convicted by the learned Judicial Magistrate, Harur and sentenced to undergo Simple imprisonment for 6 months and to pay the cheque amount as compensation to the appellant, against which, the respondent preferred an appeal before the learned Principal Sessions Judge, Dharmapuri. After elaborate enquiry, the learned Principal Sessions Judge, Dharmapuri allowed the appeal and set aside the order of conviction passed by the learned Judicial Magistrate, Harur in C.C.No.46 of 2005. Against the judgment passed in Crl.A.No.12 of 2009, the appellant has approached this Court by way of filing this appeal.

(3.) The case of the appellant/complainant in brief as follows: