1. The complainant in C.C. 59/59 has filed this appeal against the order of acquittal passed by the Munsiff-Magistrate of Thodupuzha.

2. The case against the accused was that on 28-6-56 he executed a hypothecation bond Ext. P-1 in respect of the property in S. No. 795/5B in Kodiculam Village for Rs. 350/- representing that the property belongs to him and that there were no encumbrances on the property. Believing the representation the complainant parted with money.

3. Later it was found out that the accused had no rights in the property, that on 30-1-56 about 5 months before Ext. P-1 he had already gifted his rights in the property to his wife and that prior to the gift deed he had assigned and sold away his half rights in the property to the wife.

4. Thus on the day the accused offered the property as security and made the representations to the complainant he knew that he had absolutely no rights in the property and that what he was representing was false. Where the accused knew from the very beginning that the representation which he was making to the complainant was a false one and it is on the basis of that representation that he obtained a certain sum of money from t