ORDER :

(Prayer in Crl.R.C.No.468 of 2014: Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., to call for the records and set aside the judgment, dated 28.02.2014 passed by the learned Principal Sessions Judge, Namakkal, Namakkal District in C.A.No.07 of 2013 by confirming the judgment, dated 31.12.2012 passed by the learned Judicial Magistrate No.I, Namakkal in C.C.No.36 of 2005.

Crl.R.C.No.446 of 2014: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to set aside the judgment passed against the revision petitioner on 28.02.2014 in C.A.No.5 of 2013 on the file of the learned Sessions Judge at Namakkal in C.C.No.36 of 2005, by the learned Judicial Magistrate No.I, Namakkal and acquit her from all the charges.)

1. These two Revisions in Crl.R.C.Nos.468 and 446 of 2014 are filed by the accused Nos.1 and 2 respectively in Cr.No.1355 of 2004, aggrieved by judgment of the learned Judicial Magistrate No. I, dated 31.12.2012 in C.C.No.36 of 2005, thereby, convicting petitioners for the offence under Sections 406 and 420 of Indian Penal Code and imposing a sentence of one year Simple Imprisonment for the offence under Section 406 of Indian Penal Code and sentence of one year Simple Imprisonment for the offence under Section 420 of Indian Penal Code and fine of Rs.1,000/- each and in default of payment of fine, to undergo one month Simple Imprisonment and the judgment of the learned Principal Sessions Judge, in Crl. A.Nos.5 of 2013 and 7 of 2013, dated 28.02.2014, thereby confirming the conviction and sentence passed by the Trial Court.

2. On 17.08.2004, P.W.1, one Thilaka went to the Namakkal Police Station and lodged a complaint stating that by promising to get an employment as Sub- Inspector of Police in the Police Department, Government of Tamil Nadu, both the accused persons jointly conned her and made her to part with the sum of Rs.1,00,000/- on 15.01.2003 and another sum of Rs.1,40,000/- on 20.02.2003, but the said results were negative, therefore, when she asked for the money, a sum of Rs.20,000/- was paid and for another sum of Rs.15,000/-, a cheque was issued, but, however, the same bounced. On the said complaint, P.W.12, the Sub- Inspector of Police registered a case in Crime No.1355 of 2004, for the offences under Sections 406 and 420 of I.P.C, thereafter, P.W.14 took up the case for investigation and filed a final report on 31.12.2004, proposing both the accused guilty of the offences under Sections 120-B, 420, 468 and 471 of Indian Penal Code.

3. The learned Judicial Magistrate No.I, Namakkal took the case on file in C.C.No.36 of 2005 and after hearing the learned Public Prosecutor and the learned Counsel appearing on behalf of the accused and upon considering the materials on record, on 20.06.2005 framed four charges under Sections 120-B, 420, 468 and 471 of Indian Penal Code. Upon questioning, the accused denied the charges and stood trial. Thereafter, the prosecution examined P.W.1 to P.W.14 and marked Exs.P-1 to P-8 .Upon being questioned about the adverse evidence and incriminating circumstances on record, as per Section 313 Cr.P.C., the accused denied the same as false.

4. Thereafter, on behalf of the accused, one Renuka Devi was examined as D.W.1 and one Mumtaz Begum was examined as D.W.2. On behalf of the accused, Exs.D-1 to D-4 were marked. Thereafter, the learned Magistrate proceeded to hear the learned Assistant Public Prosecutor on behalf of the prosecution and the learned Counsel appearing for the accused and by a judgment, dated 31.12.2012 found that the charges under Section 120-B, 468 and 471 of Indian Penal Code have not been proved as against the accused and acquitted them respectively. However, based on the evidence of P.W.1, coupled with the evidence of P.W.2 and Exs.P-2 and P-3, petitioners are guilty for the offences under Sections 406 and 420 of I.P.C and sentenced them as aforesaid.

5. Aggrieved by the same, the accused preferred two appeals in Crl.A.Nos.4 of 2013 a