ARUMUGHA NADAR Vs. ALAGAMMAL

JUDGEMENT

(1.) Cr. M.P. No. 1213 of 1959 is an application for grant of special leave to prefer an appeal against the order of acquittal by the learned Sub-Divisional Magistrate of Ramanathapuram in C.C. No. 77 of 1959.

(2.) The facts are: The Accused Alagammal was the owner of a vacant site The complainant Arumugha Nadar purchased it under a registered sale deed dated 5-11-1958 for Rs. 1,000. The sale deed Ex. P. 1 contains a recital that there was no prior encumbrances over the property. But, in fact, the accused had executed a sale deed in favour of her own son in respect of the self-same property under Ex. P. 3 dated 24-10-1958. This document had been registered subsequently on 24-12-58. The complainant preferred a complaint on 1-4-1959 against the accused for cheating under Sec. 420 I.P.C. on the ground that if the existence of Ex P. 3 had been known to him he would not have parted with the consideration for Ex. P. 1 and that the accused had deliberately kept him out of knowledge of the execution of Ex. P. 3.

(3.) The case for the accused was that the complainant knew of the unregistered sale deed in favour of her son when he took the sale deed Ex. P. 1 and that the accused entered into this transaction on account of the high price offered by the complainant and the inducement by him that he would settle the matter with her son. It is common ground that the complainant first and subsequently the accused's son went to Malaya. The complainant has not been able to settle the matter with the accused's son and the accused has always been willing to repay the sum of Rs. 1,000 to the complainant. It is established that what the complainant wants is not the return of the purchase money or settlement with the accused's son but only a prosecution of this accused woman.