MANOJ KUMAR JAIN Vs. MAHENDRA KUMAR JAIN

JUDGEMENT

(1.) This appeal is filed against the Judgment and Order dtd. 4/3/2023 passed by the Ld. Chief Judicial Magistrate, Imphal West, Manipur in Cril. (N.I) Case No. 18 of 2018 thereby acquitting the accused/ respondent namely Mahendra Kumar Jain. Application under Sec. 378 CrPC being MC (Crl. Appeal) No. 9 of 2023 seeking leave to appeal against the impugned judgment and order dtd. 4/3/2023 of acquittal was granted by this Court on 17/10/2023.

(2.) The appellant namely Manoj Kumar Jain is the complainant and the present respondent, the accused herein, is the cousin of the father of Appellant.

(3.) In the beginning of December, 2015, the respondent approached the appellant and expressed his desire of selling out his land situated at Khabam under the Heingang Circle for his financial needs. The appellant had given a sum of Rs.24,00,000.00 (Rupees Twenty- four Lakhs) only in cash by collecting from his family members and a sum of Rs.1,80,00,000.00 (Rupees One crore eighty lakhs) only by way of cheques to the Respondent as an advance in regard to the selling land. Thereafter in the month of June 2016, the respondent returned the said sum of Rs.1,80,00,00.00 (Rupees One crore eighty lakhs) only which was taken from the appellant through cheques saying that the respondent is not willing to sell the said land.