GANESAN Vs. R NACHI

JUDGEMENT

(1.) THIS Criminal Revision Case filed under Section 397 & 401 Criminal Procedure Code is directed against the judgment of the learned District Munsif cum Judicial Magistrate, Kodumudi dated 22.07.2005 and made in C.C.No.5/2002 acquitting the accused therein/first respondent herein for the offences punishable under Section 420 IPC and 406 IPC.

(2.) THE facts leading to the filing of the present Criminal Revision Case can be briefly stated thus. N. Veeran S/o.Nachi of Municipal Chattiram, Erode, who was examined as P.W.1 before the trial court preferred a written complaint, marked as Ex.P1 on the file of the learned District Munsif cum Judicial Magistrate, Kodumudi alleging that R.Nachi son of Raman (a) Vellaiyan, the first respondent herein/accused cheated him (P.W.1), P.W.2 - Veeran, P.W.3 - Ganesan, P.W.4 - Loganathan, P.W.5 - Ramayi, P.W.6 - Vimala, P.W.7 - Palanisamy, P.W.8 - Sathyamurthy, P.W.9 - Selvaraj, P.W.10 - Chinna Palani, P.W.11 - Periya Palani, P.W.12 - Chinna Raman, P.W.13 - Maral by making a false promise that he could get 3 cents of land for each one of them at the rate of Rs.1,000/- per cent and thereby made them part with a total sum of Rs.48,700/-; that thereafter he neither made arrangements for getting the land for them nor chose to return the amount and that thereby the first respondent/accused committed the offence of cheating on the above said 13 persons. THE said complaint was forwarded by the learned District Munsif cum Judicial Magistrate, Kodumudi to Sivagiri Police station for registering a case and investigation. P.W.16 - Thiru Ammasai, the then Sub-Inspector of Police attached to Sivagiri Police station prepared Ex.P2 - First Information Report in the printed format and registered a case against the first Respondent herein in Crime No.88/2001 for an offence under Section 420 IPC. He himself took up the investigation of the case, examined and recorded statement of the witnesses, also arrested the accused and submitted a final report on the file of District Munsif cum Judicial Magistrate, Kodumudi accusing the first respondent herein/accused of committing the offences punishable under Section 420 and 406 IPC. THE same was taken on file as C.C.No.5/2002 by the trial court. On appearance of the first respondent herein/accused who was on bail, the trial court framed necessary charges and conducted trial pursuant to the plea of innocence made by the first respondent herein/accused.

(3.) QUESTIONING the correctness and legality of the said judgment of acquittal dated 22.07.2005 pronounced by the learned District Munsif cum Judicial Magistrate, Kodumudi in C.C.No.5/2002, P.W.3 - Ganesan has brought-forth this Criminal Revision Case on various grounds set out in the Criminal Revision Petition.