JADHAV SRINIVAS Vs. STATEION HOUSE OFFICER

JUDGEMENT

(1.) The present Criminal Revision Case is filed under Ss. 397 and 401 Cr.P.C., aggrieved by the judgment dtd. 18/10/2006 passed in C.C. No. 190 of 2004. By the said judgment, the learned Junior Civil Judge, Utnoor, acquitted the accused Nos.1 & 2, respondent Nos. 3 & 4 herein, of the offence under Sec. 420 I.P.C.

(2.) The facts, in issue, are as under: A-1 is the husband of A-2, who is the Proprietor of Venkat Ramana Auto Mobiles, Utnoor. P.W.1, the de facto complainant presented Ex.P. 5 private complaint under Sec. 200 Cr.P.C. before the Magistrate alleging that he was sanctioned one auto rickshaw under Pradhana Manthri Rojgar Yojana scheme ('PMRY') and on receipt of DD from SBH, Utnoor, he handed over the same to A-1 & A-2, for supply of auto rickshaw, but the accused did not supply the auto and closed down the shop. On his demands, A-1 & A-2 issued a cheque bearing No. 82064 for an amount of Rs.77,500.00 drawn on SBH, Utnoor on 6/1/1999 in his favour. However, as the said cheque was dishonoured, upon his insistence and on the intervention of L.Ws.4 & 5, the accused executed a deed of agreement in his favour agreeing to pay the amount by 25/10/1999, but failed to repay the amount even after expiry of the said date. Hence, he filed the private complaint. Upon reference, the Sub-Inspector of Police, Utnoor registered a case against the accused for the offence under Sec. 420 IPC and after completion of investigation, filed the charge sheet. The learned Trial Court, after evaluating the evidence adduced by the prosecution i.e., P.Ws. 1 to 6, Exs.P.1 to P.6, found the accused not guilty of the offence and acquitted them of the charge. Hence, the present revision by the de facto complainant.

(3.) Heard the learned counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for the State. Perused the material available on record. None appears for the respondent Nos. 3 & 4.