(1.) THE complainant in a prosecution for the offence punishable under Section 420 of IPC is the appellant as he is aggrieved by the judgment dated 29/8/2001 in C.C.No.1 of 1995 of the court of the Judicial First Class Magistrate -III, Kozhikode by which the learned Magistrate acquitted the accused under Section 248(1) of Cr.P.C.
(2.) THE gist of the prosecution allegation is that, the accused being the owner of 54 cents of land comprised in Sy.No.559/1 -B, lying in Re.Survey No.158/3 C in Nanmanda amsom desom, Kozhikode Taluk entered into an agreement with the complainant to sell his property for a total consideration of Rs.1,00,000/ - and according to the complainant out of total consideration of Rs.1,00,000/ -, Rs.90,000/ - has paid to the accused and thereafter the accused has not executed the sale deed with respect to the property in favour of the complainant and he had sold out of the property covered by the agreement to some other purpose and therefore the accused has committed the offence punishable under Section 420 of IPC.
(3.) I have heard Sri.Sunny Mathew, the learned counsel for the appellant and Adv.Sri.Thomas Antony, the learned counsel appearing for the first respondent.