POOTHETTU JOHN Vs. KALIYATH AHAMMED

JUDGEMENT

(1.) The appellant herein is the complainant iin C.C. No. 144 of 2007 of the Judicial First Class Magistrate Court, Taliparamba, and the first respondent herein is the accused in the said case. As per an agreement of exchange, the complainant had transferred his auto rickshaw and an amount of Rs.45,000/- to the accused, and in turn, a Maheendra jeep was transferred by the accused to the complainant. After some time, the complainant returned the Maheendra jeep to the accused. It is alleged that the accused had agreed to transfer the loan liability over the jeep, or to discharge the liability when he would transfer the jeep to somebody else. The complainant's grievance is that after this, he received a notice from the Finance Company directing him to discharge the liability. At that juncture, he brought the complaint alleging cheating against the accused.

(2.) The accused appeared before the trial court, and pleaded not guilty to the charge framed against him. The complainant examined himself, and proved Exts.P1 and P2 documents.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., and projected a defence of total denial. His further contention is that if at all the factual aspects are acceptable, what is at the best made out is only breach of the agreement. The accused did not adduce any evidence in defence.