DIVAKARAN MOORKATH Vs. D. MANUEL

JUDGEMENT

(1.) These Criminal Revision Petitions have been filed by the defacto complainant, to set aside the Common judgement of the learned III Additional District and Sessions Judge, Coimbatore passed in C.A.No.147 of 2014 and C.A.No. 49 of 2015. The Criminal Revision Petition in CRl.R.C. 127 of 2018 has been filed to setaside the reversal Judgement of acquittal passed by the Learned III Additional District and Sessions Judge, Coimbatore and to confirm the judgment of the learned District Munsif Cum Judicial Magisrate, Valparai made in CC No.69 of 2005. The Crl.R.C.No. 128 of 2018 has been filed to set aside the Judgement passed by the same Court in C.A.No.49/2015, by which the prayer to enhance the sentence was dismissed.

(2.) The brief facts of the case of the prosecution: The defacto complainant is the Criminal Revision Petitioner in both the Criminal Revision cases. A-1 and A-2 were working as Sec. Officer and Assistant Sec. Officer in Anaimudi Estate, Mudis. The Estate is owned by the Bombay Burma Trading Corporation Limited and the Estate in-charge is A-1/Manuel. He is responsible for maintaining the cash book, journals and other accounts pertaining to payments made towards the disbursement of salary to the staff etc., A-2 is the person in-charge for raising indent for weekly expenses and he is also responsible for managing the cash affairs of the Estate along with A-1.

(3.) On the compliant dtd. 29/5/2010, given by one Andrew D White, Manager of Annaimudi Estate of the Bombay Burma Trading Corporation Limited., a case in Cr.No.8/2000 of District Crime Branch, Coimbatore for the offences under Sec.120(b), 408, 477 and 420 IPC, and FIR (Ex.P.51). was prepared.