- (1.) APPELLANT complainant filed this Criminal Appeal by invoking the provision under Section 378 (4) of the Criminal Procedure Code (in short 'Cr.P.C. ') being aggrieved by the judgment dated 8.9.2005 rendered in Criminal Appeal No.80 of 2004 by the II Additional District & Sessions Judge (F.T.C.), Medak at Sangareddy.
(2.) INITIALLY , appellant filed a complaint in C.C.No.362 of 2003 before the Judicial Magistrate of First Class (Special Mobile Court), Sangareddy, against R.1 accused wherein vide judgment dated 01.07.2004 accused was found guilty for the offence punishable under Section 138 of Negotiable Instruments Act (in short 'the Act '), convicted under Section 255 (2) Cr.P.C. and sentenced to undergo simple imprisonment for one year and also to pay compensation of Rs.55,000/ . Challenging the same, R.1 accused preferred Criminal Appeal No.80 of 2004. While allowing the said appeal, the learned appellate Judge set aside the order of the trial Court on the ground that the complainant has not proved the fact that the cheque was issued in discharge of legally enforceable debt and thereby acquitted the accused. Aggrieved over the same, present appeal is filed by the complainant.
(3.) THIS Court heard arguments of the either side counsel and also perused the entire material on record, more particularly, the judgements of the Courts below.;