JUDGMENT :

1. This is an appeal impugning an order and judgment passed by the Court of Sessions, Greater Bombay, on 13th December 2002, acquitting respondent (accused) by allowing an appeal filed against an order of conviction passed by the Additional Chief Metropolitan Magistrate, 40th Court, Girgaon, Mumbai, on 29th January 2000 under Section 420 (Cheating and dishonestly inducing delivery of property) of the Indian Penal Code (IPC).

2. It is the case of prosecution that accused had approached one Mr. Ramrichwal Brahmadatta Zhunzhunwala (PW-3), the father-in-law of complainant – Shashi Prabha Zhunzhunwala (PW-4), through a family friend by the name Nemani (who has not been examined) for a loan for a short period of three months. Accused was given Rs.2 lakhs in cash against bill of exchange from Mrs. Lilawati Tibrewal (PW-5), the daughter of PW-3 and a further sum of Rs.2 lakhs by way of cheque from complainant (PW-4). The first amount of Rs.2 lakhs (cash from PW-5) was given on 6th September 1996 and the second amount of Rs.2 lakhs (by cheque from PW-4) was given on 9th October 1996. These amounts were given against interest at a rate of 18% p.a. The interest paid was deducted in a