J U D G M E N T

The appellant herein is the complainant in C.C.No.1769/98 of the court of Judicial First Class Magistrate-II, Ernakulam. The learned Magistrate by his judgment dated 28.3.2003 in C.C.No.1769/98, acquitted the accused, two in numbers, who faced the prosecution for the offence punishable under sections 420 r/w 34 of IPC . Aggrieved by the above order of acquittal, the complainant therein preferred the present appeal.

2. The case of the appellant/complainant is that accused nos.1 and 2 are husband and wife and family friends of the complainant. The 2nd respondent/1st accused received a total sum of `3,75,000/- from the appellant/ complainant, after making him believed that the accused would purchase a house for the complainant. According to the appellant/complainant, the accused dishonestly induced him and received the said amount from him, but the accused did not materialise the promise and when the complainant demanded back the money already paid to them, the accused nos.1 and 2 issued 4 numbers of cheque and a signed blank stamp paper in favour of the complainant. But according to the appellant/complainant, when he enquired with the Union Bank of India, Marine Drive