The Appellant/Complainant has preferred the instant Criminal Appeal as against the judgment of the acquittal dated 08.10.2015 in S.T.C.No.380 of 2011 passed by the Learned Judicial Magistrate No. II, Pollachi.

2. The Learned Judicial Magistrate No.II, Pollachi, while passing the impugned judgment of the acquittal in S.T.C.No.380 of 2011 on 08.10.2015 at para-16 ... among other things observed that ... 'on the side of the Respondent/Accused, a presumption in his favour as per Section 139 of NI Act was made and further, the Appellant/Complainant had failed to establish the ingredients of his case and finally came to the conclusion that the offence under Section 138 of NI Act was not established against the Respondent/Accused' and resultantly, acquitted him under Section 255(1) of Cr.P.C.

3. Questioning the correctness, validity and legality of the judgment of the acquittal, dated 08.10.2015 in S.T.C. No. 380 of 2011 passed by the Trial Court, the Appellant/Complainant has preferred the present Criminal Appeal before this Court, by taking a plea that the trial Court had failed to take into consideration that in the instant case, the execution of Ex.P2, Cheque dated 30.10.2010