PACHAYAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Revision Case has been preferred against the acquittal of the second Respondent herein, who was prosecuted as the accused in C.C. No. 263 of 2003 on the file of the learned Judicial Magistrate No. II, Dharmapuri. The impugned judgment of the trial Court was passed on 13.12.2007. PW1 in the trial, is the Petitioner in this Criminal Revision Case. The State represented by the Sub-Inspector of Police, has been arrayed as the first Respondent in the criminal revision case.

(2.) The prosecution case in brief, is as follows:

(3.) Thereafter, the defacto complainant met the Respondent No. 2/accused and asked him to return back Rs. 1,00,000/-stating he was not interested in getting the job promised by the second Respondent/accused to his grand son. The second Respondent/accused replied that he would get a job within a month or return back the amount with interest. But, thereafter he was evading payment for about three months. Hence, the defacto complainant took one Kannappan (PW2) to the second Respondent/accused and demanded payment of the said amount in his presence, for which the second Respondent/accused promised that he would pay back the amount in two months. Thus, the second Respondent caused a delay of six months and thereafter, he paid only a sum of Rs. 40,000/-and promised to pay the balance amount within three days. The fourth day after the first payment , he paid another sum of Rs. 10,000/-and prayed for three more months time for making payment of the balance amount of Rs. 50,000/-. When he was again approached after three months, he abused the defacto complainant stating that he had no evidence for having paid any amount to the second Respondent/accused, besides proclaiming that he could not do anything. The second Respondent/accused also caused threat to the defacto complainant with goond as. The defacto complainant gave complaint under Ex.P4 to the District Collector, Dharmapuri District on the grievance day, namely 03.03.2003.