MOOKA PILLAI Vs. KING-EMPEROR

JUDGEMENT

(1.) The petitioners seek to revise the sentence and judgment of the Sessions Judge of Trichinopoly Division in C. A. No. 14 of 1925--imprisonment till the rising of the Court and Rs. 100 fine under Section 420 of the Indian Penal Code on the ground that they have already been acquitted of the same offence.

(2.) The complaint is that the petitioner sold certain property to the complainant and induced him to part with the sale amount by cheating him into the belief that the property was unencumbered. The same transaction was the subject of trial in C. C. No. 81 of 1923 on the file of the Court of the Sub-Divisional Magistrate of Trichinopoly when complainant said that he was cheated into the belief that petitioners would make a deposit in repayment of certain debts.

(3.) In a charge of cheating the complainant must establish that he was deceived, and thereby dishonestly induced to deliver property. The, question is whether he must disclose all the evidence of deception at the first trial or if he can institute a series of trials each based upon different evidence of deception.