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2023 Supreme(Mad) 3163

M. NIRMAL KUMAR
C. V. Thambidurai – Appellant
Versus
A. Natarajan – Respondent


Advocates appeared: For the Appellant :C. Arunkumar for S. Gopinath, Advocates. For the Respondents: A. Ashwin Kumar, Legal Aid Counsel.

JUDGMENT

(Prayer: Criminal Appeal is filed under Section 378(4) of Cr.P.C., to call for the records in C.C.No.630 of 2007, and set aside the judgment of acquittal passed by the learned Judicial Magistrate No.VII, Coimbatore, dated 28.10.2013.)

1. This Criminal Appeal is arising out of acquittal of the respondents/Accused Nos.1 to 3 passed by the learned Judicial Magistrate No.VII, Coimbatore, in C.C.No.630 of 2007, dated 28.10.2013.

2. For the sake of convenience, the appellant and the respondents are referred to as 'complainant' and 'accused', respectively.

3. The brief facts of the case, as projected by the prosecution, are as follows:

(i) Accused Nos.1 to 3 and one N.Pachiammal and S.Palaniammal/Accused Nos.4 and 5 are the owners of the land comprised in S.F.No.834/1, to an extent of 14.90 Acres, situated at Chettipalayam Village. All the accused agreed to sell the property to the complainant for a sale consideration of Rs.2,23,500/-. On 06.07.1992 all the accused executed an agreement for sale after receiving advance amount of Rs.15,000/-. Ex.P.1 is the Agreement for Sale. Thereafter, the complainant had paid balance sale consideration on various dates. Ex.P.7 series a

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