SAJJAN K. SANYASI Vs. RATHNAMMA AND ANOTHER

JUDGEMENT

(1.) THIS appeal is filed by the complainant in C.C. No. 15152/1995 challenging the judgment dated 13.9.2004, passed by the 6th Additional Chief Metropolitan Magistrate, Bangalore acquitting the respondents of the offences under Sections 120B, 465 and 471 IPC.

(2.) THE case of the complainant is that prior to 24.9.1994 in respect of the property No. 17, 3rd Cross, Opposite to Woodlands hotel and adjacent to V.N. Sharma Rao house, Sampangiram Nagar, Bangalore -27, the respondents accused forged the sale deed dated 24.9.1994 with an intention to cause damage to the complainant and thereby they are alleged to have committed an offence under Section 465 IPC. It is further charged against them that, on the above said date, place and time the accused fraudulently or dishonestly executed the sale deed dated 24.9.1994 and used it as genuine document knowing or having reason to believe that the said document is forged one thereby, they are alleged to have committed offence under Section 471 IPC. It is further alleged that on the above said date, place and time the accused agreed with each other to do an illegal act. that is, to create forged document and commit offence of forgery and cheating thereby, they are alleged to have committed criminal conspiracy punishable under Section 120(B) IPC.

(3.) THE defence of the accused was one of total denial. However, after hearing the complainant and the defence, the learned Magistrate was pleased to acquit the respondents of the offence levelled against them. The aggrieved complainant has filed this appeal.