1. The revision petitioner is the accused in C.C. No. 68 of 2012 on the files of the Judicial First Class Magistrate's Court, Chavakkad. He is the petitioner in M.P. No. 5754 of 2012 filed therein under Section 239 of the Code of Criminal Procedure. Now he stands charge sheeted by the police for the offence punishable under Section 420 of the Indian Penal Code. According to the petitioner, the charge formulated against him by the police in the final report is groundless and the prosecution cannot be proceeded and charge cannot be framed on the basis of the final report filed by the police. It is the case of the prosecution that the de facto complainant is a member of Scheduled Caste and the District Panchayat sanctioned Rs. 1,00,000/- for the construction of her house. The petitioner/accused promised to construct the house to the de facto complainant for Rs. 1,10,000/- and by virtue of that agreement, the de facto complainant paid Rs. 1,10,000/- to him on various dates; but he failed to construct the house, as agreed by him, and thereby cheated her. The de facto complainant has produced documents showing that the District Panchayat has allotted fund for constructing the house