BALRAM SINGH Vs. STATE

JUDGEMENT

(1.) Aggrieved by the order of his conviction and sentence dated 29.4.1974, Balram Singh Chauhan preferred appeal No. 155 of 1974. In the same manner appeal No. 158 of 1974 was filed by Ravinder Kumar. Because the two appeals arise from one order the same are being disposed of through this judgment together.

(2.) The case of the prosecution may be stated briefly in the following terms.

(3.) One R. C. Misra, a military employee, was posted at Delhi in September, 1966. He was expecting his transfer out of the town and, therefore, decided to build a house at this place before leaving it. For a house he needed a plot and for buying a plot he contacted Messrs Chauhan Property Dealers operating in Amar Colony. Baliam Singh and Ravinder Kumar represented to him at the office of the said firm that they belonged to Mainpuri district from which Misra himself hailed and his confidence was in this manner won. They showed to Misra and his wife plot No. A-IV/36 in Amar Colony and told them that although the plot was worth Rs. l9,000.00 and had been reserved to be sold to a friend of theirs yet they could have it at the concessional price of Rs.l8,000.00 They asked for earnest money amounting to Rs. 3,500.00 and Mrs. Sushma Misra, wife of R C. Misra, issued a chepue on the Punjab National Bank, Jangpura Branch, for the aforesaid amount in favour of Balram Singh. A receipt for the money was scribed by Rajinder Singh, brother of Ravinder Singh,and it was signed by Balram Singh. After a few days Balram Singh and Ravinder Singh, accompanied by Rajinder Singh and B, R. Saini, came to R. C. Misra and told him that there was a Gurdwara Building to be constructed opposite to the plot that had been offered to him previously and that it would be better if he took plot No. B-264 instead of the said plot and he agreed to have it. Balram Singh and Ravinder asked for Rs. 4,000.00 more towards earnest money and stated that the balance could be paid at the time of the registration of the transfer deed. Because the Misras had no doubt about the bonafides of the transaction, they paid Rs. 4,000.00 more by way of a cheque drawn on the Punjab National Bank. This time also the receipt was executed by Balram Singh. After some more days Balram and Ravinder contacted Misras again and informed them that because Kunti Devi the owner of the plot, was going to perform the marriage of her daughter she was in terrible need of Rs. 5.70U.00 . To meet this demand, Mrs. Misra made out cheques for Rs. 3,500.00 Rs. 1,4CO.00 and Rs. 800.00 all favouring Balram Singh on different dates. In order to ensure them that the deal had a firm footing the appellants left two agreements at the residence of Misras-one purporting to have been executed by Kunti Devi and another by Amolak Singh. After having parted with Rs. 13,200.00 Misras wanted, and naturally so, to get in touch with Kunti Devi and Amolak Singh but the brokers failed to arrange a meeting with them. Suspecting that there was something fishy about the sale Misras asked the property dealers to refund their money whereon Ravinder Kumar left a letter dated 1.12.1966 at their house to assure them that the transfer would be arranged very soon. In the meantime R. C. Misra succeeded in contacting Kunti Devi and she informed him that she had been a party to no agreement for sale. Shri Misra tried to locate Amolak Singh but failed. In the circumstances he made a complaint against Balram Singh, Ravinder Kumar and Rajinder Singh for suitable action being taken against them under section 420, 468 and 471 of the Indian Penal Code.