Gopal Prasad, J.

1. Heard.

2. This appeal is against the order of acquittal. The Appellant filed a case for offence under Section 406, 420, 467, and 468 of the Indian Penal Code.

3. The prosecution as alleged that there was greement for sale land of khata No. 198, khesra (plot) 917 for which he paid the consideration of 16000/- the sale deed was executed but in the sale deed plot No. wrongly mentioned as 992 of khata No. 127. The land of sale deed has been alleged to have been purchased from accused No. 1 who is Respondent No. 2 who is an old lady it alleged wrongly plot and khata recorded.

4. However, trial court on consideration of facts and circumstances of the case and evidence of witness that complainant himself was an educated person whereas the vendor Respondent No. 2 was an old illiterate lady and taking the view that victim vendor herself was an illiterate lady and hence the allegation of cheating does not made out under the facts and circumstances and hence exonerated the accused from the charge and observe that he has not been examined and is serious infirmity.

5. Learned Counsel for the Appellant submits that there is substance of cheating. However taking into