INAYATHULLAH Vs. GURUSWAMY

JUDGEMENT

(1.) THE criminal revision case is filed by P. W. 1. complainant in C. C. No. 23 of 1987 on the file of the Chief Judicial Magistrate, Salem against the order passed by the said Magistrate acquitting the two accused in the case. First accused is the husband and the second accused is his wife.

(2.) THE case of the complainant-revision petitioner is that the two accused mortgaged their property to the Gandhi Nagar Co-operative house Building Society, Attur on 21. 8. 1984 for a sum of Rs. 40,000 and they received a sum of Rs. 12,000 on 12. 10. 1984 and Rs. 16,000 on 19. 10. 1984 totalling to Rs. 28,000. Later on 14. 12. 1984 they sold the property to the complainant under a sale deed Ex. P-1 for a Sum of Rs. 45,000. On that day the complainant paid a sum of Rs. 17,000 in cash and as per the terms of the sale deed he undertook to repay the amount of Rs. 28,000 received by the accused from the bank. Subsequently the two accused on 11. 1. 1965 without the knowledge of the complainant received a sum of Rs. 12,000 from the bank as the balance amount of the mortgage money.

(3.) AGAINST this the State has not filed any appeal, but as stated above, the complainant (P. W. 1) has filed this criminal revision case.