SANGAM CORPORATION Vs. R LOKANATH

JUDGEMENT

(1.) In the complaint filed by the present appellant under Section 200 of Code of Criminal Procedure, against the present respondent, for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as 'N.I.Act'), the learned XV Additional Small Causes Judge and 23rd Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru (hereinafter for brevity referred to as 'trial Court'), in C.C.No.31881/2006 pronounced the judgment of conviction, convicting the present respondent/accused on 10.03.2010. Against the same, the present respondent, as an accused, preferred Criminal Appeal No.25044/2010, before the learned Additional Sessions Judge and P.O. FTC-III, Mayo Hall Unit, Bengaluru (hereinafter for brevity referred to as 'lower Appellate Court'), which by its impugned judgment dated 11.10.2010 allowed the appeal and set aside the judgment of conviction passed by the trial Court and remanded the matter back to lower Court with a direction to send the alleged disputed documents to a private handwriting expert and to proceed in the matter in accordance with law. It is challenging the judgment passed by the lower Appellate Court, the appellant/complainant has preferred this appeal.

(2.) The summary of the case of the complainant in the trial Court is that the complainant is a registered partnership firm carrying on business in finance and investment. The accused borrowed a sum of Rs. 4 lakhs from it on 20.04.2005 and executed a promissory note agreeing to repay the aforesaid loan amount with interest at the rate of 16% per annum. Subsequently, towards dischargal of the loan amount together with interest accrued thereupon, the accused issued a cheque bearing No.578855 dated 07.09.2005 drawn on Vijaya Bank, South End Road Branch, Bengaluru in favour of the complainant for a sum of Rs. 4,21,000/-. The complainant presented the said cheque for encashment through its banker. However, the said cheque returned dishonoured with an endorsement 'insufficient funds'. Thereafter, the complainant got issued a legal notice to the accused calling upon him to pay the cheque amount. However, accused failed to pay the cheque amount, which constrained the complainant to initiate criminal action against the accused/respondent for the offence punishable under Section 138 of N.I Act.

(3.) To prove its case, the complainant firm got examined its partner as PW-1 and got marked the documents from Exs.P-1 to P-22. From the accused side, the accused got himself examined as DW-1 and no documents were marked. After hearing both sides, the trial Court by its impugned judgment dated 10.03.2010, convicted the accused for the alleged offence and sentenced him accordingly. Aggrieved by the said judgment of conviction, the accused preferred an appeal before the lower Appellate Court in Crl.A.No.25044/2010, which Court by its judgment dated 11.10.2010 remanded the matter to the trial Court with a direction get the documents Exs.P16, P-17 and P-8 sent to any other private handwriting expert at the cost of the accused and to proceed in accordance with law, after receiving the opinion of handwriting expert and also by providing opportunity to both parties to lead further evidence, if any on the aspect. Challenging the said judgment of lower Appellate Court, the appellant/complainant has preferred this appeal.