GEORGE VARGHESE Vs. VISHNU CHITTY FUNDS AND ORS

JUDGEMENT

(1.) The appellant in Crl.A.No.178 of 2013, who is the complainant, in C.C.No.127 of 2008 of the trial court, is the wife of the complainant in C.C.Nos.126 of 2008 and 32 of 2008 who are the appellants in Crl.A.No.174 of 2013 and 180 of 2013. In all the above appeals the respondents are one and the same. As all the parties in the above appeals are the same and question of law and facts involved are identical, these appeals are heard together and being disposed of by this common judgment.

(2.) The appellants in the above appeals are the complainants in three different prosecutions for the offence punishable under Section 138 of the N.I. Act against the respondents herein who are the accused therein. The cheque in question which covers Crl.A.No.180 of 2013, is for an amount of Rs. 3,50,000/- and in Crl.A.No.178 of 2013, for an amount of Rs. 63,000/- and in Crl.A.No.174 of 2013 the cheque amount is Rs. 1,68,000/-. The judgment impugned in these appeals are issued under Section 255(1) of Cr.P.C. acquitting the accused who are three in numbers on the ground that the complainant failed to adduce any evidence to prove the allegation against the accused. It is the above orders that are under challenge in these appeals.

(3.) I have heard Sri.Raja Vijayaraghavan, learned counsel appearing for the appellants in all the above appeals. As I am proposed to dispose of these appeals at this admission stage itself and particularly when I am proposed to incorporate safe-guard to protect the interest of the respondents/accused, I am of the view that notice to the respondents can be dispensed with.