MAHENDRA SHARMA Vs. SMT. RAMWATI SHARMA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 20.6.2008 passed by Addl. Chief Judicial Magistrate No.2, Jaipur City, Jaipur in Cr. Case No. 2889/04, whereby the accused respondent has been acquitted from the offence under Sec. 138 of N.I Act.

(2.) Brief facts of the case are as under:-

(3.) Learned counsel for the appellant has contended that the impugned judgment dated 20.6.2008 passed by the court below is patently illegal, improper, unjust and not sustainable being contrary to the facts of the case and the material available on record. He has further contended that despite substantial and compelling reasons for conviction of accused respondent, the learned trial court acquitted the accused on wrong assumption of law, therefore, the acquittal of accused deserves to be reversed. He has further contended that the trial court acquitted the accused giving undue importance to minor discrepancies and making a suspicion on evidence based on conjectures, therefore, the impugned judgment deserves to be quashed and set-aside.