SANTESH GUREDDI Vs. C.R. DEVENDRA

JUDGEMENT

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

(2.) THESE two appeals are arising out of the common judgment and order dated 12.10.2009 passed by the Fast Track Court -X, Bengaluru in Criminal Appeal Nos. 157/2009 and 158/2009 whereby it has partly allowed by judgment and order dated 28.01.2009 passed in the criminal cases in C.C. Nos. 25462/2006 and 25463/2006 respectively on the file of the XV Additional. Chief Metropolitan Magistrate Court, Bengaluru city.

(3.) THE Complainant filed the aforesaid criminal cases before the trial court under Section 200 of Cr.P.C. against the respondent herein 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, both oral and documentary, convicted the respondent -accused for the offence under section 138 of the Act and imposed fine. The respondent -accused preferred appeals in Criminal appeal Nos. 157/2009 and 158/2009 before the first appellate court challenging the judgment and order passed by the trial court. The first appellate court has allowed those two appeals, the judgment and order of the trial court was set aside and the matter was remanded for fresh disposal giving opportunity to the respondent -accused to cross examine P.W. 1. Being aggrieved by the judgment and order of the first appellate court, the appellant -complainant has preferred the present criminal appeals on the following grounds: