1. Appellant is the complainant in C.C.No.715/2001 on the file of the Judicial First Class Magistrate-I, Ernakulam. The complaint was instituted alleging offence punishable under Section 138 of the Negotiable Instruments Act. The accused were found guilty of the offence punishable under Section 138 of the Act and they are convicted therein. Accused No.1 Company was sentenced to pay fine of 5,000/-, Accused Nos.2 and 3 were sentenced to undergo simple imprisonment for one month and also to pay a sum of 1,90,000/- to the complainant as compensation under Section 357 (3) of the Cr.P.C. In default of payment of compensation to undergo simple imprisonment for three months. The accused preferred Crl. Appeal No.747/2005 before the learned Sessions Judge. The learned Sessions Judge allowed the appeal and set aside the conviction and sentence. The parties are hereinafter referred to as arrayed in the said C.C.

2. Complainant is M/s.Choice Intermodel Services. Accused No.1 is M/s.Green Sea Marine, Aroor represented by the Managing Partner S.K. Mohammed. Accused No.2 is S.K. Mohammed, Managing Partner and Accused No.3 is V.S.Abdul Gafoor, Partner. Complainant M/s.Choice Intermodel