OM NATH MALHOTRA Vs. SATISH KUMAR MITTAL

JUDGEMENT

(1.) This appeal, preferred under section 378 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 12.10.1999, passed by Judicial Magistrate, IInd, Dehradun, in Criminal Complaint Case No. 1778 of 1996, whereby said court has acquitted the accused/respondent Satish Kumar Mittal, from the charge of offence punishable under section 420 of I.P.C.

(2.) Heard learned counsel for the appellant, and learned Amicus Curiae for the respondent no.1, and learned Deputy Advocate General, for the State/respondent no.2, and perused the lower court record.

(3.) Prosecution story, in brief, is that in April 1988, accused Satish Kumar Mittal persuaded complainant/appellant Om Nath Malhotra to purchase a landed property of Village Ajabpur Kalan, District Dehradun, with him from one Seva Ram. The complainant Om Nath Malhotra agreed to the suggestion made by the accused Satish Kumar Mittal and agreement dated 02.05.1988, was executed with the seller Seva Ram, and one Shyam Kali. In this connection, Rs. 40,000/- were paid as part of consideration to the prospective seller, out of total amount of consideration Rs. 2, 40,000/-. Complainant's case is that Rs. 40,000/- was given by him not only for himself, but also on behalf of the K.K.Gupta and the accused Satish Kumar Mittal, who in turn agreed to repay the amount to him (PW1). It is pleaded by the complainant in his criminal complaint that on 13.06.1992, a cheque of Rs. 40,000/- was given by accused Satish Kumar Mittal (respondent no.1) to the complainant Om Nath Malhotra towards repayment, but the same was dishonored due to the account closed in the State Bank of India, Dehradun. It appears that initially, the complainant filed a criminal complaint under Section 138 of Negotiable Instruments Act, but the same was withdrawn by him, and the Criminal Complaint Case No. 1778 of 1996, was filed alleging that he was cheated by accused Satish Kumar Mittal of Rs. 40,000/-.