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2020 Supreme(Mad) 316

G.R.SWAMINATHAN
R. Rengaraj – Appellant
Versus
P. Krishnamoorthy – Respondent


Advocates Appeared:
For the Appellant:S. Ravi for K.K. Ramakrishnan, Advocates. For the Respondent:A. Uthayakumar, Advocate.

JUDGMENT

(Prayer: This Criminal Appeal is filed under Section 378 of Cr.P.C., to set aside the acquittal passed in C.A.No.132 of 2008 on the file of the I Additional Sessions Judge (PCR), Trichy dated 05.10.2012 and restore the conviction judgment passed by the Judicial Magistrate Court No.V, Trichy dated 07.11.2008 in C.C.No.40 of 2008 by allowing this appeal.)

1. This appeal has been filed by the complainant in C.C.No. 40 of 2008, on the file of the Judicial Magistrate No.V, Trichy. It is a private complaint instituted for punishing the respondent herein for the offences under Section 138 of the Negotiable Instruments Act. The respondent was convicted by the learned Judicial Magistrate No.V, Trichy and sentenced to one year Rigorous Imprisonment and he was also directed to pay a compensation of Rs.2,00,000/- to the complainant. The default sentence of two months was imposed in the event of failure to pay the compensation amount. Aggrieved by the same, the respondent/Accused herein filed an appeal in C.A.No.132 of 2008 before the I Additional District and Sessions Judge (PCR), Trichy. The appellate Court by the judgment, dated 05.10.2012, allowed the appeal and acquitted the respond

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