PREMKUMARI Vs. V.MEHAVANNAN

JUDGEMENT

(1.) This appeal is filed by the complainant in C.C.No.30 of 2013, as against the order passed by the first appellate Court, namely, 1st Additional Sessions Court, Tuticorin, in C.A.No.61 of 2013, dated 10.10.2013.

(2.) The appellant / complainant has filed a private complaint as against the respondent / accused before the Fast Track Court (Magistrate Level), Tuticorin, for the offence under Section 138 of the Negotiable Instruments Act. The trial Court, in conclusion of trial, by order dated 04.07.2013 in C.C.No.30 of 2013, has found the respondent / accused guilty under Section 138 of the Negotiable Instruments Act, convicted and sentenced him to undergo simple imprisonment for one year and also directed to pay a sum of Rs.1,50,000/-, being the Cheque amount, as compensation to the complainant within one month, in default, to undergo simple imprisonment for one month.

(3.) As against the order of the trial Court, the respondent / accused preferred an appeal before the Principal Sessions Court and the same was taken on file by the learned 1st Additional Sessions Judge, Tuticorin, in C.A.No.61 of 2013 and the first appellate Court, by order dated 10.10.2013, acquitted the respondent / accused on the ground that the statutory notice as required under Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act has not been effected and thereby, acquitted the respondent / accused. Aggrieved over the same, the complainant has preferred the present appeal.