HIRALAL BHAGWANJI CONTRACTOR Vs. KANTILAL RANGILDAS MAHERBAN

JUDGEMENT

(1.) This appeal has been preferred by the original complainant against the order of the learned Additional Sessions Judge Surat allowing the appeal filed by the present respondent No. 1 against his conviction under sec. 420 of the I.P.C. passed by the learned Judicial Magistrate First Class Surat sentencing him to suffer R.I. for two years and to a fine of Rs. 1 0 in default further R.I. for three months.

(2.) The facts as disclosed in the complaint briefly slated are as under:- The present appellant Hiralal Bhagwanji who was original complainant is a building contractor. He had entered into an agreement with respondent No. 1 his wife and his son to construct a building on their plot situated at Udhana near the city of Surat for Rs. 62 0 As per the terms of the agreement it was agreed that the respondent No. 1 had to pay Rs. 5 0 advance and thereafter balance was to be paid as per construction in progress. It was alleged by the complainant that even though he had made construction of the value of Rs. 42 0 and odd the respondent No. 1 had paid only Rs. 10 0 and even though he made a demand for it he did not pay any heed and no further amount was paid. He therefore stopped the construction. Thereafter the present respondent No. 1 went to his office and promised to pay the balance. He represented to the complainant that he wanted the original agreement to be shown to his wife and son so that the amount may be paid to him. He also told him at that time that he had lost his copy which was supplied to him at the time of the agreement. Relying on his word the complainant parted with the original agreement alleged to have been signed by the respondent No. 1 his wife and son. Thereafter the respondent No. I did not make any payment nor did he return the original agreement which he had taken away from the complainant.

(3.) The complainant thereupon filed a complaint in the Court of the Judicial Magistrate First class at Surat which was transferred to the Court of the Judicial Magistrate First class 4 Court Surat. The learned Judicial Magistrate First class referred the case to the police for an inquiry under sec. 202 of the Criminal Procedure Code and after receiving the report of the police he framed a charge against the accused. From the evidence that was before him he convicted and sentenced the accused for an offence under sec. 420 of the I.P.C. as mentioned above.