RASAPPAN Vs. T SIVAKUMAR

JUDGEMENT

(1.) IN Crl.A.No,214 of 2000, the name of the appellant is Rasappan and in Crl.A.No,215 of 2000, the name of the appellant is P.Tamilmani. The respondent in both the cases is one and the same. The learned Judicial Magistrate, Paramathy, has acquitted the accused/respondent from the charge under Section 138 of the Negotiable INstruments Act in C.C.No.133 of 1998 and also in C.C.No,65 of 1999. Aggrieved by the said acquittals, Rasappan, who is the complainant in C.C.No.133 of 1998, has preferred the Crl.A.No,214 of 2000 and Tamilmani, who is the complainant in C.C.No,65 of 1999, has preferred the Crl.A.No,215 of 2000.

(2.) MR.M.Nirmalkumar, the learned counsel appearing for the appellants and MR.S.Ashokkumar, the learned Senior Counsel appearing for the accused/respondent in both the cases have agreed to hear both the appeals together and a common judgment to be delivered by this Court.

(3.) IN C.C.No.133 1998, the complainant himself was examined as P.W.1 and the Bank officials were examined as P.Ws.2 and 3 and eight exhibits were marked by the complainant. The accused was questioned under Section 313 Cr.P.C. and after denying his complicity, one Ramasamy was examined as D.W.1 and seven documents were marked as defence exhibits.