( 1 ) THIS is an appeal filed against the order of acquittal, dated 10. 07. 2000 recorded by the Special Judicial First Class magistrate (Mobile), Nellore in C. C. No. 52 of 2000. The appellant herein is the complainant and the first respondent herein is the accused before the Court below and therefore for the purpose of convenience, the parties to this appeal will hereinafter be referred in the judgment as complainant and accused.

( 2 ) THE relevant facts in brief are as follows: the complainant is the Company M. G. Brothers Auto mobiles Private Limited engaged in selling TATA vehicles i. e. trucks and spare parts and also engaged in effecting the repairs. One Sk. Mabu Khan, Assistant Works Manager in the said Company filed private complaint against the accused styling himself as the representative of the said Company. In the said complaint, it is alleged that the accused used to purchase vehicles from the complainant company on credit basis and likewise the complainant purchased four tippers from the complainant company out of which two vehicles were delivered on 21. 11. 1994 for Rs. 11,03,782. 60 ps. and the other two vehicles were delivered on 22. 11. 1994 and the accused paid

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