GEORGE ZACHARIA Vs. T.K. VARGHESE

JUDGEMENT

(1.) THE appellant George Zacharia @ Raju Karuvamplakka was tried along with two others for offences punishanble under sections 419 and 420 read with 34 I.P.C.

(2.) THE case arose on the basis of a private complaint laid by the respondent. The trial Court acquitted them. The respondent -complainant filed an appeal before the High Court and the learned single Judge of the High Court held that the appellant committed the offences punishable under sections 419 and 420 I.P.C. and sentenced him to undergo one year's R.I. under each count. The rest of the judgment of the trial Court has been confirmed. Hence, the present appeal. The prosecution case is as follows:

(3.) HOWEVER , we will now consider the evidence on record independently to find out whether a case has been made out against the appellant under sections 419 and 420 I.P.C. There is no dispute that the appellant alone executed the agreement Ex. P. 1. The question is whether A -I in any manner induced the respondent to lend the money on the basis of a misrepresentation. It is also not in dispute that the payment of the cheque and the amount were only in favour of the appellant.