JUDGMENT

This appeal has been preferred by the complainant in C.C.No.205/2008 on the file of the Chief Judicial Magistrate, Manjeri. After the trial of the said case, the learned Magistrate found the accused guilty of the offence punishable under Section 138 of the Negotiable Instruments Act (for short “N.I. Act”), and he was convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,50,000/-. In default of payment of fine, the accused was ordered to undergo simple imprisonment for a further period of three months.

2. However, subsequently, the accused preferred an appeal.The learned Additional Sessions Judge (Adhoc) Fast Track-II, Manjeri, vide judgment dated 28.05.2010 in Criminal Appeal No.347/2009, set aside the judgment passed by the learned Magistrate and acquitted the accused. Challenging the said judgment of acquittal rendered in the above-said case, the complainant approached this Cou