HARBANS LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present petition is to the judgment dated 05.08.2019 passed by the learned Additional Sessions Judge, Ambala, whereby while dismissing the appeal filed by the petitioner, the judgment of conviction dated 07.11.2016 and order of sentence dated 08.11.2016 passed by the learned Additional Chief Judicial Magistrate, Ambala, in FIR No. 88 dated 22.03.2011, under Sections 406 and 420 IPC, registered at Police Station Baldev Nagar (Ambala), have been upheld.

(2.) The petitioner was tried for committing the offences under Sections 406 and 420 IPC. As per the prosecution version, the accused had approached the complainant in the year 1990 and on 30.05.1990, the complainant purchased plot No. 63, measuring 355 square yards situated in the Urban Estate, Sector 7, Ambala City, for a sum of Rs. 2,35,000/-. The complainant had agreed to purchase the said plot and paid a sum of Rs. 2,35,000/- to the accused-petitioner in the presence of Adish Aggarwal and Ajay Goel and the petitioner had executed a receipt dated 30.05.1990 in favour of the complainant. After receiving the full and final payment of the consideration, the petitioner had also executed a registered general power of attorney in favour of the complainant at that time. When the complainant had asked the petitioner-accused to get the sale deed registered in his favour, the accused informed that the said plot was under some litigation and as such, the accused could not get the sale deed executed. The petitioner-accused assured the complainant that he had already made the entire payment and was the owner of the plot. Believing the assurance of the accused, the complainant had entered into a further agreement to sell dated 19.09.2001 in favour of Narinder Kumar for a valuable consideration of Rs. 9,65,000/- on the basis of the registered power of attorney of the accused. However, subsequently the petitioner became dishonest and with an intention to cheat the complainant, he had cancelled the general power of attorney dated 11.03.2002 and thus, committed fraud upon the complainant. Though the said plot was in the name of the petitioner-accused, but for all the intents and purposes, he had disposed of the same to the complainant vide receipt dated 30.05.1990. On receiving the complaint, FIR No. 88 dated 22.03.2011, under Sections 406, 420 IPC, Police Station Baldev Nagar, was registered against the accused.

(3.) On the basis of the evidence led, it stood proved before the learned trial Court that the petitioner-accused had cheated the complainant. Consequently, the petitioner was convicted under Section 420 IPC. He was, accordingly, sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 3,000/- and, in default of payment of fine, to further undergo simple imprisonment for a period of two months.