DHANAM Vs. PALANIAPPA GOUNDER

JUDGEMENT

(1.) The complainant and the accused in both the cases are one and the same. The complainant in C. C. No.86 of 2003 on the file of the Judicial Magistrate, Rasipuram, Namakkal districit is the revision petitioner in Crl. R. C. No.796 of 2004. The complainant in C. C. No.85 of 2003 who is also the complainant in C. C. No.86 of 2003 on the file of the judicial Magistrate, Rasipuram, Namakkal District is the revision petitioner in Crl. R. C. No.805 of 2004.

(2.) On the basis of Ex P1 complaint dated 14.11.2001 in c. C. No.85 of 2003, P. W.9 the Sub Inspector of Police had registered a case against the accused under Sections 447,448,379,380,453,454, 506 (2) of IPC for having committed theft of 7 + H. P. electric motor compressor, starter, switch from the garden well worth of Rs.35,000/-and also committed a theft of BPL TV,dish Antenna, wall clock, Bureau, and a cot worth of Rs.15,000/-. On the basis of Exp1 complaint dated 15.11.2001 in C. C. No.85 of 2003, p. W.6 Sub Inspector of Police, had registered a case against the same accused under Sections 448,454,380 of IPC for having criminally trespassed into the finance office conducted by the complainant as a partner in the name and style of "saraswathy Finance " and committed a theft of bureau, Table, Chair and fan to the value of Rs.10,000/-besides records pertaining to the said Finance Company to the value of Rs.6,00,000/-.

(3.) The learned Judicial Magistrate, after taking cognizance of the offence had taken both the cases on file and on appearance of the accused on summons furnished copies under Sec.207 of Cr. P. C. and when the charges were explained to the accused in both the cases, and when questioned the accused, pleaded not guilty.