1. Criminal Appeal 346/59 and Criminal Revision Petition 321/59 arise out of an order passed by the Sub-Divisional Magistrate of Trivandrum in C. C. 22/59. Criminal Appeal 346/59 is filed by the State against the order of acquittal of the four respondents who had been charged along with another for an offence punishable under S.420 I. P. C. Criminal Revision Petition 321/59 is a petition filed earlier by the 1st informant pw.1 in the case for revising the order of the learned Magistrate challenging the order of acquittal of the accused and also the order regarding the disposal of the properties. Those two matters were hoard together and I propose to pass one common order.

2. The Sub-Inspector of Police, Puthenchantha had charged the four respondents who were accused Nos.1 to 3 and 5 for having cheated pw. 1, an offence punishable under S.420 I. P. C. pw.1 is a big businessman belonging to Kanyakumari District. It is stated that he had made arrangements with a firm "Kulathunkal Corporation" to take delivery of a motor-chasis. For that purpose on 18-11-1958 he came to Trivandrum by the morning bus with a sum of Rs. 5000/- all in hundred rupee notes. Accused 1 and 2 who wer