of

conviction

dated

06.09.2016

passed

in

R

:: 2 ::

C.C.No.9839/2013 on the file of the Learned XX

Additional Chief Metropolitan Magistrate, Bengaluru.

This Criminal

Appeal

having been

heard &

reserved

on

28.09.2022,

coming

on

for

pronouncement this day, the Court pronounced the

following:

JUDGMENT

This appeal is filed under section 378(4) of

the Code of Criminal Procedure (‘Cr.P.C.’ for short)

by the complainant in a proceeding for the offence

punishable

under

section

138

of

Negotiable

Instruments Act (‘N.I.Act’ for short). The question

that arises in this appeal is whether the learned

Sessions Judge correctly applied section 23 of the

Indian Contract Act for allowing the appeal filed

before him under section 374(3) of Cr.P.C. for

reversing the judgment of conviction passed by

the Magistrate.

2. If the events are briefly traced, the

marriage between the complainant and Pradeep

Kumar, the son of the accused was held on

:: 3 ::

21.10.2012. Their marriage was very short lived,

they stayed together only for three days. Then on

5.11.2012, the complainant and Pradeep Kumar

entered into a Memorandum of Understanding

(Mou) as per Ex.P.6 for dissolving their marriage.

One of the stip