IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2008

CORAM:

THE HONOURABLE MR.JUSTICE K.MOHAN RAM

Criminal Revision Case No.1138 of 2008

Seeyathammal

... Petitioner

-Vs.-

1. Vinayagamoorthy

2. State, Represented by,

Sub-Inspector of Police,

V-4 Rajamangalam Police Station

Chennai – 600 099

(Crime No.250 of 1999)

... Respondents

Prayer : Criminal Revision Case filed under Sections 397 and 401

of the Code of Criminal Procedure praying to set-aside the

acquittal of the first respondent for the offence under Section

420 of the Indian Penal Code by the learned X Metropolitan

Magistrate, Chennai @ Egmore by his judgment dated 30.05.2008 in

C.C.No.7133 of 1999.

For Petitioner

: Mr. R.John Sathyan

For Respondent

: Mr. A.Saravanan,

Government Advocate (Crl. Side), for R-2.

- - -

O R D E R

The above Criminal Revision Case is directed against the

judgment of the learned X Metropolitan Magistrate, Egmore,

Chennai, rendered in C.C.No.7133 of 1999 whereby the first

respondent herein had been acquitted of the charge under Section

420 IPC but had been convicted for the offence under Section 417

IPC.

2. Learned counsel for the petitioner basing relian