KALAPANA RADHA Vs. KUTTIYAPPAN

JUDGEMENT

(1.) THE short prosecution case is as follows:- 1. The second respondent herein / Sub-Inspector of Police had registered a criminal case in Crime No.22 of 2003 against the first respondent herein / accused for the offence under Sections 406, 420, 452, 506(i) IPC stating that the accused promised the petitioner herein / defacto complainant that if she deposits a sum of Rs.3,000/- per month for a period of 21 months, she would receive a sum of Rs.60,000/-. Believing the same, the defacto complainant paid a sum of Rs.3,000/- per month for a period of 21 months, i.e., from 01.06.1996 to 11.11.1999. After collecting the said amount, the accused had not returned the promised amount. Besides, the accused trespassed into the defacto complainant's house and forcibly threatened to hand over the chit book, failing which, he would kill her. Hence, the criminal case has been registered against the accused.

(2.) THE accused had not pleaded guilty before the trial Court even after furnishing a charge sheet upon him and hence, the case was proceeded with. On the side of the prosecution, six witnesses had been examined and 10 documents were marked. On the side of the defence, one witness was examined and two documents were marked.

(3.) P .W.2, mother of P.W.1 had adduced evidence on the same lines of P.W.1. P.W.3, the Sub Inspector of Police had adduced evidence that after receiving the order from the Judicial Magistrate-I, Thiruppur, he had registered the case. He deposed that subsequently, the matter has been referred to the District Central Crime Branch since it has been classified as an economic offence.P.W.4 and P.W.5 had also adduced evidence that they had been informed by P.W.1 that the accused had cheated her. The rest of the statements of P.W.4 and P.W.5 are on the same lines as P.W.1's evidence. P.W.6, Inspector of Police had adduced evidence that P.W.1 had been cheated by the accused after collecting the amount for the monthly auction chit.