1. The petitioner herein is the complainant in S.T.No.162/2003 on the file of the Judicial First Class Magistrate's Court-II, Pathanamthitta, in which respondents 1 and 2 herein, are arrayed as accused 1 and 2, alleging offence punishable under Sec.138 of the Negotiable Instruments Act. The cheque amount covered by the dishonoured Ext.P-1 cheque dated 28.2.2003 is for Rs.2.5 lakhs, which is said to have been drawn by the 1st accused partnership firm, etc. The trial court as per the judgment rendered on 30.10.2004 has convicted both the accused for the abovesaid offence and has sentenced A-2 (managing partner of the partnership firm) to undergo simple imprisonment for one year and further that A-1 and A-2 shall pay Rs. 2.5 lakhs as compensation to the complainant in terms of Sec. 357(3) of the Cr.P.C. and in default thereof, A-2 shall undergo simple imprisonment for six months. Aggrieved thereby, respondents 1 and 2 herein had filed Crl.Appeal No.367/2004 before the Court of Addl. Sessions Judge, Pathanamthitta. The appellate sessions court as per the impugned judgment rendered on 9.2.2007 has allowed the appeal by ordering the acquittal of both accused 1 and 2.

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