JUDGMENT :

(Prayer: Petition filed under Section 397 read with 401 of the Criminal Procedure Code, to call for the records relating to the conviction imposed in the judgment dated 10.08.2017 made in C.A.No.20 of 2017 on the file of the learned Sessions (Fast Track Mahila) Court, Namakkal, confirming the conviction imposed in the judgment dated 28.04.2017 made in C.C.No.236 of 2005 on the file of the learned Judicial Magistrate No.1, Namakkal and set aside the same.)

1. The matter is heard through “Video Conference”.

2. Convicted sole accused is the revision petitioner herein. He was convicted for the offence under Section 406 and 420 of IPC by the learned Magistrate, on dismissal of the appeal, he preferred the revision.

3. The case of the prosecution is that

(i) on 16.03.1997, the accused started a dairy at Thalambadi and the witnesses Raja, Vaithi, Govindaraj, Sengodan and Kannan were sold milk to the accused from 16.03.1997 onwards. The accused paid them a part of amount and there was a due to sum of Rs.7,50,000/- to Raja, Rs.40,000/- to Vaithi, Rs.25,000/- to Govindaraj, Rs.37,329 to Sengodan and Rs.1,00,000/- to Kannan. When the above witnesses demanded for the balance the accused