the 1st accused has received a sum of Rs.7,00,000/- from the defacto complainant which was then and there handed over to the 2nd accused and it was also agreed that the said amount will be given back within three months and to that effect an agreement dated 26.4.04 was executed in Rs.50/- stamp paper by the 2nd accused. The further case of the complainant is that but contrary to the agreement mentioned therein, the amount was not repaid and thereby the defacto complainant was cheated. Obviously, as stated earlier the above transaction will amount only to a civil transaction and no colour of criminal act can be given to the said civil transaction. It can be seen that the transaction regarding payment of the amount was taken place in the house of the accused and it was the 1st accused, who had received the alleged amount and the role attributed to the 2nd accused is that he had executed an agreement for repayment of the said amount and that too even according to the complainant, the same was executed at the instance of the 1st accused. If there is any violation of the terms of the agreement, the only remedy available is to approach the civil court to redress his grievance, if any, by invoking the civil procedure.
