K.K. GOPI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the sole accused in C.C. No. 372 of 1990 of the Chief Judicial Magistrate's Court, Ernakulam. It is a prosecution brought by the Central Bureau of Investigation (CBI), Cochin Unit, under Sections 420, 468 and 471 of the Indian Penal Code, on the allegation that in March-April, 1998, the accused received an amount of Rs. 15,000/- from one Gangadharan on an offer to arrange visa for job abroad on a salary of Rs. 4,000/- per month, he accordingly went abroad, and when the complainant reached there, he was granted job only on a monthly salary of Rs. 2,000/-. Finding it not possible to pull on with a meager salary, and also finding it not possible to suffer the harassment there, the complainant came back to India, and approached the accused for the money he paid. The accused declined the request, and then the complainant approached the Office of the Protector of Emigrants for the money deposited by him for emigration clearance. At that time, the complainant realized that nothing had been in fact deposited in his name, and that he was really being cheated by the accused on a false offer that he would get a monthly salary of Rs. 4,000/- abroad. On the basis of the information received regarding this cheating, and also the forgery made by the accused, the CBI registered a crime, and proceeded for investigation. The forgery alleged is that, for obtaining emigration clearance, the accused created some false documents in the name of the Union Bank of India and also the Protector of Emigrants. After investigation, the CBI submitted final report in court.

(2.) The accused appeared before the learned Magistrate, and pleaded not guilty to the charge framed against him under Sections 420, 468 and 471 IPC. The prosecution examined 16 witnesses, and proved Exts. P1 to P37 documents in the trial court.

(3.) When examined under Section 313 Cr.P.C., the accused denied the incriminating circumstances. He did not adduce any oral evidence in defence. But Exts. D1 to D3 documents were marked on his side.