1. - Being aggrieved by the judgment passed by the learned Addintional Munsiff and Judicial Magistrate, Merta date November 20, 1975 the complainant has preferred this appeal. By that judgment the learned Magistrate acquitted the accused for the offence under Section 420, Indian Penal Code.

2. Briefly state the prosecution case is that accused Sardar Khan was under a debt of Rs. 10,000/. to one Finn Nathmal Bhanwarlal. The complainant Gyanchand is the son of Nathmal and brother of Bhanwarlal Cyan Chand is said to have asked Sardar Khan to settle the account c that firm and Sardar Khan by way of settlement of the debt sold his four field to Smt. Pushpa wile of the complainant Cyan Chand. That it was later on discovered that cut of the four fields one had already been sold to one Mangla Gyanchand alleging himself to be the special power of attorney holder of his wife Smt. Pushpa lodged the complaint and a case Under Section 420, Indian Penal Cede was registered against the accused. The learnt Magistrate proceeded with the trial and held that the complainant has failed to prove that the delivery of the property, that is the payment of the amount of Rs. 10,000/- was made either