IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN SATURDAY, THE 30^TH DAY OF SEPTEMBER 2023 / 8TH ASWINA, 1945 CRL.A NO. 2373 OF 2006 AGAINST THE JUDGMENT DATED 18.07.2006 IN CRL.A 279/2006 OF SESSIONS COURT, ERNAKULAM APPELLANT/RESPONDENT/COMPLAINANT:

A.D.BEESHKUMAR ALAKKANCHERRY HOUSE, VELI, FORT KOCHI-682 001.

BY ADV SRI.V.P.MOHAMMED NIYAZ RESPONDENTS/APPELLANT & 2ND RESPONDENT/ACCUSED & STATE:

1 SURESH KUMAR, S/O. RAMACHANDRAN, RESIDING IN C.C.V/966, GUJARATHI ROAD, KOCHI-682 002.

2 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.

R1 BY ADVS.

SRI.K.R.NARAYANA PAI SRI.V.N.VASANTH KUMAR R2 BY ADV. SRI SANAL P RAJ, PUBLIC PROSECUTOR THIS CRIMINAL APPEAL HAVING COME UP FOR HEARING ON 30.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The accused was found guilty of the offence under Section 138 of the Negotiable Instruments Act and convicted thereunder and sentenced to undergo a substantial sentence as well as a fine by the trial court. It was reversed by the First Appellate Court and found that the accused is not guilty, hence acquitted, against which the complainant came up in appeal.

2. The order of convic