JUDGMENT

K. Jayachandra Reddy, J. - The appellant George Zacharia @ Raju Karuvamplakka was tried alongwith two others for offences punishable under Sections 419 and 420 read with 34 I.P.C. The case arose on the basis of a private complaint laid by the respondent. The trial court acquitted them. The respondent-complainant filed an appeal before the High Court and the learned Single Judge of the High Court held that the appellant committed the offences punishable under Sections 419 and 420 I.P.C., and sentenced him to undergo one years R.I. under each count. The rest of the judgment of the trial court has been confirmed. Hence the present appeal. The prosecution case is as follows:

2. The appellant (original accused No. 1) and A-2 are direct brothers. The name of A-1 is George Zacharia but he was also called by the pet name Raju. A-2 is Joseph Zacharia. A-3, one Baby was known to the complainant and to the accused. A-1 who was said to be a contractor, approached the complainant through A-3 and requested for a loan of Rs. 25,000/-. The complainant is alleged to have recently sold his hotel and had money. Ultimately an agreement was entered into and the complainant gave the loa