Budihal R.B, J.

This revision petition is filed challenging the legality and correctness of the judgment and order of conviction dated 3.4.2007 passed by the JMFC-II, Davanagere, in C.C. No.2050/2003 and also the judgment and order dated 31.12.2009 passed by the I Additional District and Sessions Judge, Davanagere in Crl. Appeal No.49/2007.

2. Brief facts of the case of prosecution are that, the respondent-complainant is a resident of Davanagere City and employed in State Bank of Mysore, Harihara Branch. The revision petitioner-accused is carrying on Share Brokerage business under the name and style of M/s. Vardhaman Shares and Securities and M/s. Davanagere Shares and Securities Pvt. Ltd., Chowkipete, Davanagere City. The revision petitioner-accused in the month of August 1998 had met the respondent-complainant and told the respondent- complainant that he is a broker in Mumbai Share Market and that he had got a direct contact and he assured the respondent-complainant to get more profits. If the respondent-complainant invests money, the revision petitioner-accused will do business on behalf of respondent-complainant and get profit to the respondent-complainant. So saying, the