A K ALI Vs. C H MAMMUTY

JUDGEMENT

(1.) Complainant is the appellant. C.C. No. 186 of 1985 is a private complaint filed by him before the Judicial First Class Magistrate-I, Tellicherry against the two respondents for an offence punishable under S.420 of the Indian Penal Code. Both the accused were acquitted by the Magistrate.

(2.) The case of the appellant is that on account of the deceit and the fraudulent or dishonest inducement of both the respondents, be was made to part with Rs. 35,000/- in their favour on the assurance that N.O.C., visa, job and other facilities will be arranged for him in some Gulf Countries.

(3.) The first respondent is running a travel and recruiting agency under the name "M/s United Enterprises". The head office is at Bombay and branch office is there at Tellicherry. Second accused is the employee of the first accused in the office at Tellicherry. On getting information, the appellant approached the accused and he was asked to go over to Bombay to meet the first accused. First accused was informed of his desire to go on employment to Gulf Countries. He promised to arrange everything and the appellant was got interviewed at the intervention of the first accused by one Mathew. Thereafter, Rs. 35,000/- was demanded informing that he is successful in interview and there is no problem and he will get visa shortly. As a first consignment, the first accused wanted Rs. 8,000/-. Since he had no amounts with him and as directed by the 1st accused, he returned to Tellicherry and paid Rs. 8,000/- to the 2nd accused on 6-12-1983, for which a receipt was also given. Then he was frequently contacting the 1st accused at Bombay and he was being given encouraging informations. He was also informed subsequently against the earlier assurance that the interview already conducted has been concluded and another visa could be arranged without interview. The balance amount of Rs 27,000/- demanded by the 1st accused was banded over to him when he came over to Tellicherry on 16-2-1984.