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 1 st 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/- to the complainant, in default to undergo simple imprisonment for five months each in C.C. No.190/1999 by a common judgment dated August 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:- Respondents 1 and 2 herein who are the accused persons are the President and Secretary respectively of S.N.Welfare Centre, a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955. They availed a loan of Rs. 50,000/-in each case from the complainant promising to repay the same on or before May 25, 1999. Towards that liability, the accused issued cheques Exts.P1 and P5 for Rs. 50,000/- each, drawn on the Desabhivardhini Co-operative Society, Aluva. When those cheques were presented for collection, they were returned dishonoured for want of sufficiency of funds in the account of the accused persons in the bank. In spite of notice Ext.P7, the accused persons did not re-pay the amount. Therefore, the complainant filed two separate complaints before the trial court under section 138 of the Negotiable Instruments Act .