MAYILANANDAM ITO Vs. SELVAM BROTHERS

JUDGEMENT

(1.) CRIMINAL Revision Case No. 485 of 1987 is filed against the judgment made in C.C. No. 110 of 1986 on the file of the learned Addl. Chief Judicial Magistrate, Madurai, and Criminal Revision Case No. 486 of 1987 is filed against the judgment made in C.C. No. 111 of 1986 on the file of the learned Addl. Chief Judicial Magistrate, Madurai. In both the cases, respondents Nos. 1 to 8 who are the accused have been charged under ss. 120B, 193, 196 and 420 of the IPC and ss. 276C(1), 277 and 278B of the IT Act, 1961 (hereinafter referred to as "the Act"). Private complaints were filed separately by the ITO, Madurai, against the accused. The short facts of the case in C.C. No. 110 of 1986 are as follows :

(2.) FIVE witnesses were examined on the side of the complainant as PWs 1 to 5 and Exs.P -1 to P -24 were marked. The accused have not examined any defence witness nor marked any document on their side. The trial Court, after considering the oral and documentary evidence, found the accused not guilty and acquitted them as, according to the lower Court, the prosecution has not proved the case against the accused beyond reasonable doubt. One other ground on which the lower Court has acquitted the accused is that for the same allegations, the complainant has filed C.C. No. 48 of 1985 before the lower Court and the complainant has withdrawn the complaint on technical grounds and filed a fresh complaint against the accused again in C.C. No. 110 of 1986. The lower Court found that the second complaint is barred under S. 300(1). CrPC, and on that ground also, the lower Court acquitted the accused under S. 245(1), CrPC.

(3.) THE prosecution has examined PWs 1 to 5 and marked Exs.P -1 to P -26 and the accused have not examined any defence witness nor marked any documents.