Criminal Appeal (U/S) No.4 of 1997 Against the judgment and order dated 23.01. 1996, Passed by Shri B.P. Baitha, Sub-Divisional Magistrate, Begusarai, in Complaint Case No. 79 of 1994. RAMJI SAH SON OF PEYARE SAH, RESIDENT OF VILLAGE BAGAHA, POLICE STATION BEGUSARAI, DISTRICT- BEGUSARAI. ……COMPLAINANT…..APPELLANT Versus 1. THE STATE OF BIHAR. 2. MOSSOMAT KARMAITI KHATOON ALIAS BIBI KARMAITI KHATOON WIFE OF LATE MOHAMMAD SHEKHAWAT. 3. MOHAMMAD SALAMAT SON OF ABDUL MAIN,. 4. MOHAMMAD IDRISH SON OF MOHAMMAD SALAMAT,. 5. MOHAMMAD HAKIM SON OF LATE MOHAMMAD SHEKHAWAT, ALL NOS. 2 AND 5 ARE RESIDENTS OF VILLAGE FULHARI, POLICE STATION BIRPUR, DISTRICT- BEGUSARAI. ….ACCUSED …..RESPONDENTS. For the Appellant/s : Mr. Jagdish Prasad Bhagat, Adv. For the state: Mr. Permeshwar Mahta, A.P.P. PRESENT THE HON’BLE MR. JUSTICE GOPAL PRASAD Gopal Prasad, J. Heard. 2. This appeal is against the order of acquittal. The appellant filed a case for offence under Section 406, 420, 467, and 468 of the Indian Penal Code. 3. The prosecution as alleged that there was greement for sale land of khata no. 198, khesra (plot) 917 for which he paid the consideration of 16000/- the sale deed was executed but in the sale deed plot no. wrongly mentioned as 992 of khata no. 127. The land of sale deed has been alleged to have been purchased from accused no. 1 who is respondent no. 2 who is an old lady it alleged wrongly plot and khata recorded. Patna High Court CR. APP (U/S) No.4 of 1997 dt.05-07-2011 2 4. However, trial court on consideration of facts and circumstances of the case and evidence of witness that complainant himself was an educated person whereas the vendor respondent no. 2 was an old illiterate lady and taking the view that victim vendor herself was an illiterate lady and hence the allegation of cheating does not made out under the facts and circumstances and hence exonerated the accused from the charge and observe that he has not been examined and is serious infirmity. 5. Learned counsel for the appellant submits that there is substance of cheating. However taking into consideration the submission going through the record and further taking into consideration the facts and circumstances that the vendor was an illiterate old lady and further there is no allegation or evidence of any forgery as there is neither any allegation of interpolation in the document nor impersonation. Moreover, it is alleged that only the wrong plot no. has been entered and moreover, it is a case for civil dispute and hence I do not find any merit to disturb the finding recorded by the trial court to interfere with the impugned judgment. 6. Hence, I do not find any merit in the appeal and hence the appeal is dismissed. Patna High Court,Patna Dated 04th July 2011 N.A.F.R/Devendra/ ( Gopal Prasad, J.)