K DEIVASAGAYAM Vs. ST JOSEPH CHARITY TRUS

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred against the Judgment, dated 07. 05. 1999 passed in C. A. No. 74 of 1999 on the file of the III Additional Sessions Judge, Chennai, reversing the Judgment, dated 02. 04. 1998 passed in C. C. No. 1188 of 1993 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai whereby the respondents / accused were convicted by the trial court. The appellants 2 to 9 in the criminal appeal are the legal representatives of the deceased appellant, who was the complainant before the trial court.

(2.) AFTER the trial, considering the evidence available on record and the arguments advanced by both sides, the trial court found that the respondents / accused were guilty under Section 138 of Negotiable Instruments Act, accordingly, convicted the second respondent herein and sentenced him to undergo 3 months 10 days simple imprisonment. The first respondent was also convicted and sentenced and directed to pay Rs. 1,50,000/- towards the cheque amount as compensation to the complainant.

(3.) ON appeal, the aforesaid Judgement was reversed by the court below, whereby the respondents herein were acquitted. Aggrieved by which, criminal appeal has been preferred by the deceased complainant. After his demise, his legal representatives were added as appellants 2 to 9.