NARAYANAN POTI Vs. ULAGANATHAN

JUDGEMENT

(1.) THE petitioner is accused 2 in C.C.No.307 of 1988 on the file of the Sub Divisional Judicial Magistrate, Srivilliputtur.

(2.) THE facts giving rise to the present action may succinctly be stated thus: THE first respondent-complainant is a tailor by profession and he is transacting his business under the caption 'sTAR TAILORS", 54-A, P.P.Melamada Street, Srivilliputtur. In the vicinity of his tailoring shop, respondents-2- Accused 1 was transacting his business in selling raffle tickets in his shop going by the name "EASWARI LUCKY CENTRE" THE first respondent had been purchasing raffle tickets from the shop of accused-1 for the last three years. As and when he purchased such tickets, he would entrust them to accused-1 after writing the word 'star" in Tamil on the back of each ticket and accused-1 in turn would keep such tickets as his agent and return the same after the results were published. THE reason stated to be given for such entrustment of the raffle tickets to accused-1 was that he, being the seller of raffle tickets of various States, would come to know about the result of the draw of all the States beforehand and return the tickets to the first respondent duly informing the result of the various draws.

(3.) ON coming to know of the result, he rushed to the shop of accused-1 and demanded the return of the four tickets entrusted to him. Accuscd-1 in turn returned the other three tickets, withholding the prize winning ticket stating that he had purchased only three tickets returned. All the efforts made by him to get back the prize winning ticket from accused-1 were of no avail. Consequently, he lodged a report against accused 1 on 2.6.1988 and a Receipt No.55/88, was issued by Srivilliputtur Police Station. He also filed O.S.No.220 of 1988 on the file of the District Munsif, Srivilliputtur on 6.6.1988 for declaration and injunction impleading accused-1 as well as the State as party-defendants.