STATE OF TELANGANA Vs. GALI VENKATESWARLU

JUDGEMENT

(1.) The present appeal is filed questioning correctness of the reversal judgment vide Crl.Appeal No.5 of 2016 dtd. 5/7/2019 setting aside the conviction judgment in C.C.No.120 of 2011 convicting the respondent/accused for the offence punishable under Sec. 420 of IPC.

(2.) The State is further aggrieved by the order of directing the State to pay compensation of Rs.25,000.00 to the respondent/appellant/accused which shall be recoverable from the officer who investigated the case and filed charge sheet.

(3.) Briefly, the facts of the case are that the respondent/accused borrowed an amount of Rs.50,000.00 from the defacto complainant-P.w.1 and executed a registered mortgage deed, mortgaging his house vide document No.4871 of 2004 in favour of the defacto complainant/P.W.1. Since the respondent/accused failed to repay, a civil suit OS No.618 of 2006 was filed by the defacto complainant to recover the money from the respondent/accused. In the written statement filed by the respondent/accused, it was mentioned that the house which was mortgaged in favour of P.W.1 was an assigned property in favour of his grand father and for the reason of his mortgaging the property having knowledge that it is an assigned property, the respondent/accused has committed an act of cheating punishable under Sec. 420 of IPC and accordingly, learned Magistrate recorded conviction.