ESWARA GOUNDER Vs. K P THANGAMANI

JUDGEMENT

(1.) THE first respondent herein is an accused in C.C.No.117 of 2006, on the file of the Judicial Magistrate-II, Gobichettipalayam, and the revision petitioner herein is the defacto complainant. THE revision petitioner has preferred this revision against the order passed by the learned Judicial Magistrate-II, Gobichettipalayam, in C.M.P.No.1214 of 2006 under Section 239 of the Code of Criminal Procedure, 1973 discharging the accused from the charges under Section 4 r/w 76(1) of the Chit Fund Act, 1982, and Sections 420 and 409 IPC (three counts).

(2.) THE case of the prosecution is that during the period between 1990-1995, the accused being the owner of 'Mani finance' and the said finance establishment was conducted without any sanction of the Government. THE accused collected deposits from witnesses, Eswara Gounder, Venugopal and Kuppayammal a sum of Rs.1,25,000/-, Rs.20,000/- and Rs.95,000/- respectively and on their demand for the return of the amount, the accused by executing promissory notes and deposit receipts and thereby making them to believe that he would return the money with interest, but subsequently failed to return the money to them and repeated demand was made by them in the year 1991. Holding a finance meeting the accused instructed the witnesses to tender the promissory notes and deposit receipts (except one promissory note dated 15.04.1990 for Rs.5000/- executed in favour of Eswara Gounder) and after receiving those promissory notes and receipts, the accused retained them and subsequently also destroyed and thereby prevented the witnesses from taking any legal action against them to recover the money. THEreby the accused committed criminal breach of trust and misappropriated the amount of the witnesses.

(3.) THE learned Magistrate passed the order of discharge stating mainly for the reasons that