S. BALASUBRAMANIARAJA Vs. M. MUTHUSAMY

JUDGEMENT

(1.) THE appellant is the complainant in C.C. No. 53 of 2006 on the file of the learned Judicial Magistrate, Sankarankoil. The respondent is the accused in the case. The appellant filed the said case by way of private complaint alleging that the respondent had committed offence punishable under Section 420 IPC. The trial Court by judgment dated 02.11.2006 acquitted the respondent. Challenging the same, the appellant is before this Court with this appeal.

(2.) THE case of the appellant is as follows:

(3.) P .W.1, in his evidence has spoken about the sale agreement, the amount paid by the complainant and the failure of the accused to repay the said amount. When the above incriminating evidence was put to the accused under Section 313 Cr.P.C., the accused took the plea that there was one sale agreement reached between the parties, which expired due to lapse of limitation period. Therefore, another sale agreement was entered into. Though, according to the accused, he received the money, he has not cheated the complainant. Having considered the above materials, the trial Court acquitted the accused. That is how, the appellant is before this Court with this appeal.