K PERIASWAMI Vs. RAJENDRAN

JUDGEMENT

(1.) This is an appeal by the complainant K. Periasami against the judgment dated 11-3-1980 in C.C. No.249/78 on the file of the Court of the learned Sub-Divisional Judicial First Class Magistrate, Usilampatti finding that the complainant has not proved his case against the accused A-1 Rajendran and A-2 Kandasami the respondents herein beyond all reasonable doubt and acquitting them under Section 248(1), Cr.P.C. It is also held by the lower court that the remedy for the complainant is available only in a Civil Court.

(2.) The case of the complainant against the accused is in brief as follows : -The complainant is employed in Benner India, Madurai. He had arranged for a pleasure tour for several places. For 26-1-1978 to 30-1-1978, the complainant as well as the persons who were employed with him, the members of their families and friends joined together and arranged for a pleasure tour. A-2 Kandasamy is living in the adjacent house of the complainant. The complainant and P. W.2 Annakkodi approached A-2 and in turn A-2 took both of them to A-1, who is the proprietor of Sankar Bus Transport Company on 30-12-1977. At that time, A-1, Rajendran assured that he would give the bus TNU 9522 for the pleasure tour, and from the complainant through A-2 Kandasamy, A-1 Rajendran obtained Rs.100/- on 30-12-1977. On 25-1-1978, the complainant and P.W.2 Annakkodi came to the bus company owned by A-1 Rajendran and gave Rs.2425/- to A-1 Rajendran through A-2 Kandasamy. A-1 Rajendran gave a receipt for Rs.2425/- Rs.100/- was credited for brokerage in favour of A-2 Kandasamy. The balance amount was taken by A-1 Rajendran.

(3.) A-1 Rajendran who got the money, informed the complainant that as agreed he could not give a bus for the tour. He further stated that no bus was available with him : but he would arrange temporarily for another bus to go up to Palani. It was also agreed that the bus arranged for taking the tourists would be sent by him to Palani. Believing the above representation, the complainant and the persons belonging to his party started their journey. On 26-1-1978 they came to Palani in the morning at about 5-15 a.m. They were waiting at Palani for the bus which was agreed to be given to them for the journey. They were waiting there till 27-1-1978. In the meanwhile, a telegram was sent to A-1 on behalf of the complainant. For that, A-1 gave a reply stating that since no bus had come, the tour had to be cancelled, and they could go to Madurai. After seeing the said telegram, the tour was cancelled, after undergoing strenuous trouble and they were thus deceived.