(1.) This appeal arises out of the Crl. Case No. 101 of 1980 instituted on the complaint of the present appellant against the respondent 1 under S.420, I.P.C. filed before the learned Magistrate on 1-4-80 on the allegations that on 30-9-79 the appellant paid Rs. 45/- to the accused for the purpose of obtaining the certified copy of a registered document, that the accused opposite party 1 promised to secure the certified copy of the deed and make over the same to the complainant appellant (P.W. 1) within a month from that date, that the accused did not keep his promise in spite of demands, that on 30-3-80 when again the complainant demanded the certified copy of the deed, the accused denied having received any money from the complainant.
(2.) The defence was that the complainant did not pay any money to the accused and that he brought this case for the purpose of teaching a lesson to the accused because the accused refused to comply with the complainant's request for damaging the Criminal Case of Cadia Kisku in which the accused acted as 'Tatbir'.
(3.) The learned Magistrate, after considering the evidence adduced, found that the charge could not be proved and acquitted the accused. Hence this appeal.