K. SAVITHA Vs. VISWAMBHARAN

JUDGEMENT

(1.) - These revision petitions arise out of a common judgment and the revision petitioner and the revision respondents 1 and 2 are the same in both the revision petitions, hence the revision petitions are heard jointly and disposed of by a common order.

(2.) Revision petitioner is the complainant in C.C.Nos.1189 and 1190 of 1999 on the file of the Judicial Magistrate of the First Class-I, Aluva and 1st respondent in Crl.A.Nos.851 and 852 of 2003 respectively on the file of the Addl. Sessions Court, N. Paravur. Respondents 1 and 2 in both these revision petitions are the accused before the trial court. They were convicted under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for five months each in C.C. Nos.1189 and 1190 of 1999. They were also sentenced to pay jointly a compensation of Rs. 50,000.00 to the complainant, in default to undergo simple imprisonment for five months each in C.C. No.190/1999 by a common judgment dated Aug. 18, 2003 by the trial court. On appeal by the accused, the learned Sessions Judge by a common judgment set aside their conviction and sentence and remanded the matter to the learned Magistrate for fresh disposal. The learned Sessions Judge found that there are some material alteration in Exts.P1 and P5 cheques and that Expert opinion has to be called for by the learned Magistrate on that aspect. The complainant has come up in revisions challenging the said common judgment of the lower appellate court.

(3.) The case of the revision petitioner/complainant, as testified by her as PW1 before the trial court and as detailed in the complaint, in brief, is this:-