NARAYAN Vs. VINIT

JUDGEMENT

(1.) By means of filing the present application for leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the complainant/applicant has assailed the judgment of acquittal of respondent passed by the learned Judl. Magistrate Ist Class, Chhindwara (MP) in Criminal Case No. 2723/2008 decided on 22.02.2012. By the judgment under challenge, learned JMFC has acquitted the accused from the charge of offence punishable under Section 420 of the Indian Penal Code.

(2.) The facts in nutshell are that the complainant has purchased a Television from respondent on the assurance that the company bears a good reputation in market. The complainant has taken a loan from the Department and gave Cheque No.3357 of Rs.24,990 to the respondent and respondent assured him that he will give the Television of Sharp Company Model No.25 A 51, but it is alleged that respondent has given the Television of price of Rs.13,590/ - on 09.08.2000 and thereby a cheating of Rs.9,410/ - was made by the respondent and thereby he committed offence under Section 420 of IPC, hence complaint was filed with a prayer to convict the respondent.

(3.) After taking cognizance, notice was issued to the respondent. After framing of charge and recording of evidence learned trial Court appreciated the evidence on record and recorded impugned judgment of acquittal of the respondent, against which this application for leave to appeal has been filed by the complainant.