LAWS(KAR)-2015-9-408

K.G. KEERTHI KUMAR Vs. K.P. RAMESH

Decided On September 01, 2015
K.G. Keerthi Kumar Appellant
V/S
K.P. Ramesh Respondents

JUDGEMENT

(1.) Heard.

(2.) These two criminal petitions arise out of the common order passed by the Sessions Court, Kodagu at Madikeri in Crl.R.P.Nos.70/2010 and 71/2010.

(3.) The fact is that the complainant Sri.K.G.Keerthi Kumar, initiated two separate proceedings against two different persons namely Sri.M.S.Kumar and Sri.K.P.Ramesh in respect of the offence under Section 138 of the Negotiable Instruments Act. The accused persons pleaded not guilty and when the evidence was in progress, the accused persons in both the cases filed applications under Section 45 of the Indian Evidence Act to refer the cheques in question for Experts opinion. The Trial Court allowed both the applications. Aggrieved complainant took the matter in revision before the Sessions Court. In revision, the learned Sessions Judge set-aside the order passed in CC No.607/2004, however, confirmed the order in respect of CC No.540/2004 was rejected. The application in respect of CC No.607/2004 on the ground that similar application filed by the accused on the earlier occasion was rejected by the Trial Court and the said order was confirmed by the revision Court. Now the complainant has filed Crl.P.No.4207/2012, aggrieved by the order passed in Crl.R.P.No.71/2010 (in CC No.540/2004), where as the accused in CC No.607/2004 being aggrieved by the order in rejecting his application in Crl.R.P.No.70/2010 has filed Cr.P.No.5208/2013.