EZHUMALAI Vs. K. VENKATESAN

JUDGEMENT

(1.) THIS Criminal Appeal arises out of the judgment of acquittal dated 26.07.2006 in C.C. No.344 of 2004 on the file of the Judicial Magistrate's Court No.I, Poonamallee.

(2.) THE appellant and the respondent are own brothers and there are two properties, which are joint family property of both the parties. It was mutually agreed by both the appellant/complainant and respondent/accused that the properties situated at Jai Nagar, Valasaravakkam, comprised in S.No.214 to an extent of 2666 sq.ft. and S.No.215/1 to an extent of 1417 sq.ft. which stands in the name of the accused to be transferred in favour of the appellant for sale and in turn, the accused undertakes to receive a sum of Rs.2,00,000/ - towards the said arrangement. In terms of such arrangement, the accused had executed a general power of attorney in favour of the appellant empowering him to sell the aforesaid properties. On the strength of the power of attorney, the appellant sold the property in S.No.215/1. But the accused without sending any notice to the appellant cancelled the power of attorney and trespassed into the property situated in S.No.214 to an extent of 2666 sq.ft. Hence, the appellant/complainant filed a suit for partition and separate possession in O.S. No.123 of 2000 and also filed another suit in O.S. No.125 of 2002 on the file of the District Munsif Court, Poonamallee for injunction and an interim injunction was granted restraining the respondent/accused to interfere with the possession of the property in S.No.214.

(3.) THE trial Court has taken cognizance of offences only under Sections 448 and 506(i) IPC, after recording the sworn statement. Since the accused pleaded not guilty, the trial Court examined P.W.1 to P.W.4 and marked Exs.P1 to P4 on the side of the complainant and on the side of the respondent, Ex.D1 was marked. The trial Court after considering the oral and documentary evidence, acquitted the accused, against which, the present criminal appeal is preferred by the appellant/complainant.