NURUL HASAN Vs. MOHAMMAD MUSTAFA AND OTHERS

JUDGEMENT

(1.) This appeal by the complainant has been directed against the judgement and order dated 30.10.1979 passed by Judicial Magistrate, Varanasi in Criminal Case No. 1947 of 1974 acquitting the respondents of the offence punishable under Sec. 420/34 Indian Penal Code P.S. Bhelupur, Varanasi. The complaint by P.W.1 Nurul Hasan was filed on behalf of P.W.2 Sirajuddin with the allegations in brief that the respondents 1 to 3 represented to P.W.2 Sirajuddin that they are the joint owners of house No. B-17/6 in Mohalla Tilbhandeshwar and that they are willing to sell it. P.W.2 Sirajuddin who was in search of a house agreed upon to purchase it and advanced Rs. 1,000.00 towards the price therefor. An agreement of sale was arrived at between the parties on 5.5.1974. Respondent No.4 also assured P.W.2 Sirajudding about the ownership of respondents Nos. 1 to 3 of the house of respondents 1 to 3 and in token thereof signed the agreement of sale as a marginal witness. It was however subsequently found that the respondents 1 to 3 had already executed agreement of sale on 16.10.73 in favour of Mohd. Abdul Mohsen and had executed the sale deed in his favour. It was said that respondents 1 to 3 had no right left in the house in question but the respondents by making false representation cheated the complainant and deprived him of Rs.1,000.00.