JUDGMENT

C.K. Thakker, J.—Leave granted.

2. The present appeal is filed by the appellants-original accused against the order passed by the Judicial Magistrate, First Class (Court No. 7), Pune on August 25, 2004, confirmed by 5th Additional Sessions Judge, Pune on July 1, 2005 and also confirmed by the High Court of Bombay on December 15, 2005.

3. To understand the controversy raised in the appeal, relevant facts may be stated in brief.

One Shaikh Saheblal Mardan (hereinafter referred to as ‘the complainant’) was resident of Pune. Appellant-accused No. 1 Smt. Rashida Kamaluddin Syed is his daughter, and appellant accused-No.2 Kamaluddin K. Syed is husband of accused No. 1 and son-in-law of the complainant. It was the case of the complainant that he was the owner of a bungalow which he sold in May, 1992 through accused No. 2 and deposited the amount of consideration in Bank. The accused No. 2 dishonestly represented to the complainant that he was having some proposals of land for sale and he would get it at a cheaper rate if the complainant was interested in such investment. It would earn more profit to the complainant and he would also get exemption from payment of capital gains. But th