PALANIAPPA MILLS Vs. A VAITHIYALINGAM

JUDGEMENT

(1.) The accused 1 and 2 are the revision petitioners herein. The Criminal revisions are filed against the judgment of conviction and sentence imposed on the petitioners dated 24.8.2004 made in C.C.No.6 and 354 of 2000 on the file of the Judicial Magistrate No.III, Erode as confirmed in the judgment dated 10.5.2005 made in C.A.Nos.163 and 164 of 2004 on the file of Additional District Court/Fast Track Court No.I, Erode, for the offence under Section 138 of Negotiable Instruments Act.

(2.) As the complainant and the accused in both the complaints are one and the same and as the controversy in issue involved in both are also identical, both the criminal revisions are disposed of by common order.

(3.) The Respondent herein has filed two private complaints against the accused as holder in due course of the cheques in question which are admittedly issued by the Petitioners herein in favor of one M.R. Murugesan though was arrayed as sixth accused in C.C. No. 6 of 2000 and fifth accused in C.C. No. 354 of 2000, no cognizance was taken against him as he had according to the Respondent/complainant discounted the above cheques after receiving valid consideration.