O R D E R

This Criminal Revision Case has been filed against the judgment dated

26.09.2019 passed in C.A.No.445 of 2018 by the learned IV Additional District Sessions Judge, Chennai confirming the conviction order passed against the accused/petitioner in C.C.No.5639 of 2016 on the file of the Special Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to Cheating Cases in Chennai) and CBCID Metro Cases, Chennai dated

24.07.2018.

2. The case of the prosecution is that one Sreenivas Rao/P.W.1 is the owner of M/s.Vijaya Sales Corporation Company and Administrative Manager of Sudha Industries, Sri.Gowri Sangar Engineering Works. The accused was working under P.W.1 as a sales and collection agent, since the year 2002. He is alleged to have supplied motor pumps of PW.1 to various purchasers between the period 13.04.2005 and 12.07.2005 vide invoice bills, but failed to deposit the money in the Bank account of PW.1. Further, the accused was alleged to have delivered the motor pumps to some other third persons instead of delivering to the persons mentioned in the invoice bills and thereby, he swindled a sum of Rs.7,25,000/-. Thus, he has committed breach of trust and cheated P.W.1. Therefore, the accused is charged for the offences under Sections 408 and 420 IPC.

3. On a complaint given by the de-facto complainant, the respondent-

Police registered a case in Crime No.596 of 2005 against the petitioner for the offences under Sections 406, 408 and 420 IPC. After investigation, the respondent/Police filed a charge sheet before the learned III Metropolitan Magistrate, George Town, Chennai and the case was transferred to the file of Special Metropolitan Magistrate for Exclusive Trial CCN Cases Court, Allikulam, Chennai and the same was taken on file in C.C.No.16354 of 2006, subsequently, transferred to the Court of the Metropolitan Magistrate for Exclusive Trial of CCB Cases (relating to cheating cases in Chennai ) and CBCID Metro Cases, Chennai and re-numbered as C.C.No.5639 of 2016 and charges were framed against the petitioner for the offences under Sections 408 and 420 IPC.

4. In order to prove its case before the trial Court, on the side of the prosecution, as many as 10 witnesses were examined as P.W.1 to P.W.10 and 10 documents were marked as Exs.P1 to P10 and one material object was marked as M.O.1. On the side of the defence no oral evidence was adduced and no documentary evidence was produced.

5. The trial Court, after hearing the arguments advanced on either side and also considering the materials available on record found that the petitioner/accused is guilty for the offences under Sections 408 and 420 IPC and he was convicted and sentenced as under :

6. Challenging the said conviction and sentence, the petitioner has preferred an appeal in Crl.A.No.455 of 2018 before the learned IV Additional Sessions Judge, Chennai. The Appellate Court, as a final Court of fact finding re-appreciated the entire materials and dismissed the appeal and confirmed the conviction and sentence passed by the trial Court. Aggrieved by the same, the petitioner has filed the present revision before this Court.

7. The learned counsel for the petitioner would submit that there is no evidence to show that the petitioner/accused has received money from various purchasers of P.W.1 but not delivered the motor pumps. However, the petitioner has delivered the motor pumps to the purchasers, which is evident vide Exs.P2 to P11, P26 to P34 and P38. Apart from that, when the accused was arrested by P.W.9, he made confession statement. Based on his confession, P.W.9 recovere