R. SUDHEER Vs. ABDUL WAHAB

JUDGEMENT

(1.) Being aggrieved by impugned judgment and order dtd. 31/10/2009 in Criminal Appeal No.149/2007 passed by the Principal Sessions Judge, Shivamogga, thereby allowing the appeal filed by the accused and setting aside his conviction and sentence in C.C.No.204/2003 dtd. 14/12/2007 on the file of I Additional Civil Judge and JMFC, Shivamogga, complainant has filed this appeal under Sec. 378(4) of Cr.P.C.

(2.) For the sake of convenience the parties are referred to by their rank before the trial Court.

(3.) It is the case of the complainant that he and accused are long standing friends. Accused had demolished an old structure situated near Manasa Nursing Home and was intending to form commercial sites and sell. He was in need of money and assured the complainant that he would sell one of the site to him or if not possible, would pay back the money. He promised to settle the matter in a short period. Accordingly, complainant lent him a sum of Rs.80,000.00.