ORDER

Petitioner who has been charge sheeted by Pallickathodu Police for an offence punishable under Section 420 IPC has preferred this revision petition impugning the order passed by the court below rejecting his prayer for discharge under Section

239 of the Code of Criminal Procedure .

2. It is contended by the learned counsel that the court below ought to have noticed that no offence under Section 420 IPC had been made out from the materials available before the court. According to the petitioner, the defacto complainant had agreed to purchase a stage carriage bearing Reg.No.KL-7/F-4006 on the strength of a written agreement. The vehicle belonged to one K.Vasu from whom petitioner's brother in law Thankappan had purchased the same. Sri.Thankappan had handed over the vehicle to the petitioner and authorised him to sell it to the defacto complainant. Accordingly, the agreement mentioned above was executed. The defacto complainant had paid a total sum of Rs.70,000/- on two occasions agreeing to pay the balance within 1½ months. But later the defacto complainant returned the vehicle saying that he may not be in a position to fulfill his obligation. But dispute arose when the defacto