JAYAM COMPANY Vs. T RAVICHANDRAN

JUDGEMENT

(1.) Both the above criminal appeals have been preferred by different appellants, who were the complainants before the trial court, the Court of XIII Metropolitan Magistrate, Egmore, Chennai-8 in different calendar cases registered against one and the same accused respectively in C.C.Nos.4219 and 4220 of 2001 and both the above complaints, since came to be dismissed by the trial court, the accused being acquitted of the charges, aggrieved, the complainants in those cases have come forward to prefer the above appeals on certain grounds as pleaded in the grounds of appeal.

(2.) Since the facts and circumstances in both the above cases are similar and the accused are same and both orders are on common grounds, with consent of parties, both the above appeals are decided in this common judgment.

(3.) From the materials placed on record and upon hearing the learned counsel for the appellants and the respondent as well, it comes to be known that the amount borrowed by the accused from the complainant in the first of the above criminal appeals is Rs.6,44,275/= and the same in the second of the above criminal appeals is Rs.12,55,525/=; that the dates on which the post dated cheques issued were respectively 10.2.2001 and 7.2.2001 and they have been presented on the same date and since the same had been returned for `insufficiency of funds' on 9.2.2001, on receipt of the returned cheques on 20.2.2001 and with no reply given to the notice issued by the appellants, the complaints have been lodged on 21.3.2001.