JUDGMENT

(Prayer: Criminal Appeal is filed under Section 378 of the Code of Criminal Procedure, pleased to set aside the order of acquittal dated 12.11.2018 passed in Criminal Appeal No.58 of 2016 by the Learned Principal Sessions Judge, Tiruvallur and to confirm the order dated 20.09.2016 passed in S.T.C.No.177 of 2015 by the Learned Judicial Magistrate Court, Fast Track Judge, Magisterial Level No.II, Poonamalee, Tiruvallur District.)

1. This Criminal Appeal is against the acquittal, filed by the complainant in a private complaint alleging the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The complaint filed by the complainant was taken on file in S.T.C.No.17 of 2015, on the file of the Fast Track Magisterial Level – II, Poonamalee, Thiruvallur District.

3. Upon furnishing copies as per Section 207 of Cr.P.C., and upon questioning under Section 313 of Cr.P.C., the accused denied the allegation and stood trial.

4. On behalf of the complainant, the complainant examined himself as P.W.1 and the Bank Manager of Indian Bank, Valasaravakkam was examined as P.W.2 and Ex.P-1 to Ex.P-11 were marked.

5. Thereupon, when the accused was questioned about the mater