ORDER :

Mohammed Shaffiq, J.

The present Criminal Revision Case is filed by Accused No.4 challenging the judgment of IV Additional District and Sessions Court, Madurai in Crl.A.No.36 of 2018 dated 20.03.2019 confirming the order passed in C.C.No.559 of 2013 by Judicial Magistrate No.II, Usilampatti, Madurai, dated 21.03.2018, whereby, petitioner was convicted for offence under Section 420 IPC and sentenced to undergo two years of rigorous imprisonment with fine of Rs. 5,250/-, in default to undergo six months of simple imprisonment.

2. Brief facts:

In all, five accused were involved in the alleged occurrence. A1 to A5, with the intent of swindling money from the general public, informed that a charitable institution, viz., Annai Mahalir Charitable Institution was functioning by them in Ammasithevar Marriage Hall at Chekkanoorani and that they would be able to arrange loans from Bank, if Mahalir groups are started by enrolling members. Induced by the above statement, P.W.1 started a Mahalir group at Onthimalai and enrolled 150 members. P.W.1 was asked to collect Rs.750/- from each of the members along with their ration card, photo and voter ID by the accused promising to obtain a loan of Rs.30,000/- to each member/contributor. Pursuant thereto, a sum of Rs.86,250/- was collected by P.W.1 to P.W.3 and the same was handed over to A4 and A5 through A1 to A3. However, without arranging the loans, A4 and A5 vacated their office.

2.1. On the basis of the complaint lodged by P.W.1, Petchiammal, a case was registered in Crime No.246 of 2012 before the Chekkanoorani Police Station against 5 accused for the offence under Section 420 IPC. After completion of investigation, charge sheet was filed and the same was taken on file by Judicial Magistrate No.II, Usilampatti, Madurai in C.C.No.559 of 2013. The Trial Court, vide order dated 21.03.2018, had found A4 guilty of the offence under Section 420 IPC and sentenced her to undergo two years rigorous imprisonment and to pay a fine of Rs. 5250/-, in default, to undergo six months simple imprisonment, while acquitting the other accused of the charges. Aggrieved, petitioner/A4 preferred an appeal before IV Additional District and Sessions Court, Madurai in Crl.A.No.36 of 2018. The Appellate Court, vide judgment dated 20.03.2019, dismissed the appeal confirming the order of Trial Court. Challenging the same, petitioner filed this criminal revision.

3. Case of Petitioner:

Learned counsel for the petitioner would submit that the order of the lower appellate court suffers from the following infirmities and is tainted by malafide, arbitrariness and perversity:

a) If 115 members have been allegedly cheated by the accused persons, each having paid Rs.750/- as a contribution, there ought to have been complaints regarding the same. However, not even a single complaint has been filed by the majority of 115 members, barring few, approximately half a dozen.

b) According to petitioner, it is unlikely, keeping in mind the normal course of human conduct, that a person who has been cheated would refrain from seeking redressal of their grievance. Moreso, keeping in view the fact that members/contributors belonged to lower economic strata of the society. However, the very fact that none of 115 members, except Petchiammal/P.W.11, lodged a complaint, shows that the allegations are baseless and motivated by malice.

c) There are discrepancies regarding persons to whom the amount of Rs. 86,250/- was handed over. Petchiammal (P.W.1) would state that the money was received by the accused, whereas, Eswari (P.W. 4) stated that the money was handed over to Nagalakshmi, Ganeshwari and Muthumani, viz., Accused Nos. 1, 2, and 4, as contributions from 40 members. Annakodi (P.W.5) stated that the contribution of Rs. 86,250/- was handed over to and received by Muthumani (Accused No.4). He submitted that these discrepancies, which have material bearing, have been completely ignored.

d) There are discrepancies regarding the place of occurren