J U D G M E N T

This is a petition seeking special leave of this Court under Sec. 378(4)

of the Cr.P.C. to file criminal appeal so as to impugn the judgment dated 8.10.2013 of the trial court concerned (court of Judicial First Class Magistrate-I, Kannur), whereby the accused in S.T.No.879/2011 has been acquitted of the offence punishable under Sec.138 of the Negotiable Instruments Act. The petitioner herein is the complainant in the abovesaid S.T.No. 879/2011 and the 1st respondent herein is the accused therein.

2. Heard Sri.Mahesh. V.Ramakrishnan, learned counsel appearing for the petitioner (complainant) and Sri.Justin Mathew, learned Prosecutor, appearing for R-2 State.

3. The brief of the case of the complainant is to the effect the complainant company is conducting chit transactions and the brother of the accused was a subscriber of one of the chits and that the chit was prized in his favour and the prized amount was disbursed to him and that in that regard, the accused herein, being the brother of the subscriber, had stood as guarantor for the said transaction. That thereafter the subscriber had defaulted in paying the balance amount due to the chit company and that the company h