C.R. DEVENDRA Vs. SANTESH GUREDDI

JUDGEMENT

(1.) SINCE the parties in both the revision petitions are one and the same and since common questions of law and facts are involved in both the petitions, they have been taken together to dispose of them by common order.

(2.) THESE revision petitions are preferred against the judgment and order dated 12.10.2009 passed by the Fast Track Court -X, Bengaluru in Criminal Appeal Nos. 155/2009 and 156/2009 dismissing the appeals and confirming the judgment and order dated 28.01.2009 passed in the criminal cases in C.C. Nos. 25460/2006 and 25461/2006 respectively on the file of the XV Additional Chief Metropolitan Magistrate Court, Bengaluru city.

(3.) THE respondent -complain ant filed the aforesaid criminal cases before the trial court under section 200 of Cr.P.C. against the petitioner -accused for the alleged offence under Section 138 read with Section 142 of the Negotiable Instruments Act (for short 'the Act'). The trial court after considering the merits of the case and the evidence on record, both oral and documentary, by its judgment and order dated 28.01.2009, convicted the accused for the offence under Section 138 of the Act and imposed the fine. Hence, the accused preferred appeals in Crl. A. Nos. 155/2009 and 156/2009 before the first appellate court challenging the judgment and order passed by the trial court. The first appellate court has dismissed the appeal in Crl. A. No. 155/2009 and confirmed the conviction order passed by the trial court and partly allowed Crl. A. No. 156/2009 and modified the conviction order passed by the trial court in the following terms: