C CHANDRASEKARAN Vs. A SIVASUBRAMANIAM

JUDGEMENT

(1.) Challenging and impugning the judgements dated 14.11.2006 passed by the First Additional Sessions Judge, Erode, in CA. Nos. 85 and 86 of 2004 confirming the judgements dated 15.4.2004 passed by the Judicial Magistrate No.3, Erode, in C.C Nos. 380 and 381 of 2002, these criminal revision cases are focussed.

(2.) Broadly but briefly, narratively but precisely, the facts which are absolutely necessary and germane for the disposal of this criminal revision case would run thus:

(3.) Animadverting upon the judgements of both the Courts below, these revisions have been filed on various grounds, the gist and kernal of them would run thus: Without taking into consideration the basic principle of evidence that the complainant should prove the case, both the Courts held as though the burden was on the accused to prove his innocence. The pre-existing debt was not proved. The preponderance of probabilities are in favour of the plea of the accused that during the pendency of the civil proceedings, such impugned cheques could not have emerged. Accordingly, the revision petitioner prayed for setting aside the judgements of both the Courts below and for dismissing the complaints.