C.Selvaraj v. K.S.Ravichandrika

in Crl.A.No.SR24154 of 2020 P.N.PRAKASH,J.

This case is taken up through video conferencing. 2.

For the sake of convenience, the petitioner and the respondent will be referred to as the complainant and the accused, respectively. 3.

The complainant initiated a prosecution in C.C.No.506 of 2014 under Section 138 of the Negotiable Instruments Act, 1881, against the accused, before the Judicial Magistrate Court, (Fast Track Court No.I), Coimbatore. The Magistrate, by judgment and order dated 10.07.2018, convicted the accused of the offence under Section 138 of the NI Act and sentenced her to undergo six months simple imprisonment and to pay a compensation of Rs.3,00,000/- to the complainant within two months, in default to undergo two months simple imprisonment. 1/4

4.

On the appeal filed by the accused in Crl.A.No.309 of 2018, the III Additional District and Sessions Court, Coimbatore, has acquitted the accused on 12.12.2019.

5.

Aggrieved by the judgment and order of acquittal, the complainant is before this Court.

6.

On reading the judgment and order of the appellate Court, there are prima facie materials to show that the appellate Court had fallen in error in acquitting the accused by mis-appreciation of the evidence on record. Further, the complainant has raised substantial grounds in the appeal which require detailed appraisal. Hence, leave granted. The Registry is directed to number the appeal, if the same is otherwise in order.

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To 1.The Judicial Magistrate, (Fast Track Court No.I), Coimbatore.

2.The III Additional District and Sessions Judge, Coimbatore.

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P.N.PRAKASH, J.

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