S SIVASUBRAMANIAN Vs. K NALADIYAR

JUDGEMENT

(1.) This Criminal Appeal has been filed against the judgment dated 25.03.2008 in C.A.No.22 of 2007 passed by the I Additional Sessions Judge, Tirunelveli, reversing the judgment dated 25.01.2007 in C.C.No.317 of 2005 on the file of the learned Judicial Magistrate No.IV, Tirunelveli.

(2.) By the judgment in C.C.No.317 of 2005, the lower Court has convicted and sentenced the accused to undergo simple imprisonment for two years and to pay a fine of Rs. 10,000/-, in default, to undergo simple imprisonment for one month for the offence under Section 138 of the Negotiable Instruments Act(hereinafter referred to as 'the Act'). As against the said conviction, the accused has filed an appeal in C.A.No.22 of 2007 before the I Additional Sessions Judge, Tirunelveli and the lower appellate Court has acquitted the accused.

(3.) The brief facts leading to this case are as follows:-