S. RAJAKUMAR Vs. N. MARAN PILLAI AND ORS.

JUDGEMENT

(1.) The appellant is the original complainant. He had filed a complaint against respondent No. 1 herein alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act. After holding a trial, the Metropolitan Magistrate, 30th Court, Kurla found the respondent No. 1 guilty of the said offence and sentenced him to suffer Simple Imprisonment for a period of two months. The Magistrate also directed the respondent No. 1 to pay a sum of Rs. 90,000/-, which was the amount of the cheque, as compensation to the appellant herein. Being aggrieved by his conviction and the sentence imposed upon him, the respondent No. 1 moved the Court of Sessions by filing an appeal. This appeal was allowed by the Court of Sessions by recording an order of acquittal. Being aggrieved by the said order of acquittal, the appellant has filed the present appeal after obtaining special leave of this Court as contemplated under Sub-section (4) of Section 378 of the Code of Criminal Procedure. Though I have heard the learned counsel for the parties at length, in the view that I am taking and in view of the final order that I intend to pass, it is neither necessary nor proper to have an elaborate discussion of the rival contentions as raised before me. It is sufficient to mention only the broad features of the case.

(2.) For the sake of convenience and clarity, the appellant shall, hereinafter, be referred to as "the complainant" and the respondent No. 1 as "the accused".

(3.) The complaint came to be filed against two persons; the present accused and also his wife Smt. Sangeetha, who was mentioned as accused No. 2 in the said complaint. She was, however, acquitted by the learned Magistrate.