JAYASHREE MOUNSEHWAR V Vs. SMT R PUSHPAVATHI

JUDGEMENT

(1.) This appeal is preferred against the judgment of acquittal passed by the City Fast Track (Sessions) Judge, Bengaluru City, FTC-II, in Criminal Appeal No.490/2009 dated 22.7.2010.

(2.) The trial Court i.e., 12th Addl. CMM Court, Bengaluru City, in CC No.4005/2007 has in fact vide judgment dated 19.5.2009, convicted the accused (respondent herein) for the offence punishable under section 138 of the Negotiable Instruments Act and sentenced the accused to pay a fine of Rs.2,15,000/- failing which to undergo simple imprisonment for four months and also awarded an amount of Rs.2,13,000/- as compensation payable to the complainant u/s.357 of Cr.P.C . and the balance amount of Rs.2,000/- payable to the State. Aggrieved by the said judgment of conviction and sentence passed by the trial Court, the respondent herein has preferred an appeal before the City Fast Track (Sessions) Judge, Bengaluru City, FTC-II, in Criminal Appeal No. 490/2009 and the same was allowed and the respondent herein was acquitted for the offence punishable under section 138 of the Negotiable Instruments Act. Being aggrieved by the said judgment of acquittal, the complainant has preferred an appeal before this court.

(3.) Before adverting to the grounds urged before this court, it is just and necessary to have the brief factual matrix of the case. For the purpose of convenience and to avoid confusion and repetition of facts, we would like to retain the ranks of the parties as per their ranks before the Trial Court.