MRINAL KANTI SINHA, J.

1. THIS appeal has been directed against the judgment and order passed by Sri I.C. Das, Learned Judicial Magistrate, 1st Class, Bolpur, Birbhum in C. Case No.35 of 1976 whereby the respondent/accused was acquitted from the charge under Section 420 of the Indian Penal Code.

2. IT was the case of the appellant/complainant that the respondent/accused Sadhan Chandra Ghosh's wife Madhabilata was the owner of plot no.115 of Mouza Gomai within Nanoor Police Station, locally known as 'Balaipurer Math'. The respondent on behalf of his wife Madhabilata agreed to sell .47 decimals land of Gomai Mouza to the appellant/complainant party at Rs.3100/- for which two sale deeds were written and advance of Rs.2755/- was taken by the respondent from the appellant. The respondent took those two deeds for registration of the same after obtaining the signature or L.T.I of his wife but thereafter no sale deed was registered by the respondent in favour of the appellant party. Thereby the respondent committed criminal breach of trust and cheating. Hence, the complainant filed the said complaint case on 12.4.1976.

3. IT appears that after receipt of the complaint cognizance was