This revision petition is filed by the accused under Section

397 of Cr.P.C., challenging the judgment of conviction and

order of sentence dated 02.09.2013 passed by the II Additional

Civil Judge and JMFC, Shivamogga in CC No.218/2009 and

confirmed by the learned Presiding Officer, Fast Track Court,

Shivamogga, in Criminal Appeal No.225/2013 vide judgment

dated 27.08.2014.

2.

For the sake of convenience, the parties herein are

referred with original ranks occupied by them before the trial

Court.

3.

The brief factual matrix leading to the case are as

under:-

The complainant and accused jointly entered into a

Memorandum of Understanding on 11.07.2007 and they have

agreed to contribute equally towards consideration of the

purchase of property. Accordingly, they have entered into an

agreement and accused agreed to pay Rs.01 Crore 80 Lakhs

and the complainant had agreed to Rs.20.00 Lakhs and over all

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Rs.43.00 Crore payable. In the balance amount of Rs.43.00

Crore payable, the accused had agreed to pay Rs.20 Crore and

Rs.70.00 Lakhs and the complainant had agreed to pay

Rs.22.00 Crore and 30 Lakhs. Then, the complainant and

accused

have

jointly

entered

into

Memorandum

of

Un