JUDGMENT :

This appeal is filed to set aside the judgment and order of acquittal dated 21.04.2009 passed in Crl.A. No.117/2008 by the XXXVI Additional City Civil & Sessions Judge, Bangalore, for the offence punishable under Section 138 of Negotiable Instruments Act and to restore the judgment of conviction and sentence dated 10.01.2008 passed in C.C. No.17243/2005 by the XV Additional Chief Metropolitan Magistrate, Bengaluru and to convict the respondents for the aforesaid offence in accordance with law.

2. The genesis of the litigation in the present appeal is that a complaint under Section 138 of the Negotiable Instruments Act was filed by the complainant before the XV Additional Chief Metropolitan Magistrate, Bengaluru. The learned Magistrate had found the respondents / accused guilty and sentenced them to pay a fine amount of Rs.6,30,000/-and further ordered that out of the recovered fine amount, a sum of Rs.6,25,000/-shall be paid to the complainant as compensation and balance amount of Rs.5,000/-shall go to the State. In the event of default of payment of fine amount by the accused Nos.2 and 3, they shall undergo simple imprisonment for a period of one year each.

3. The order of