SANTOKH SINGH Vs. STATE OF HARYANA AND ANR.

JUDGEMENT

(1.) THIS revision petition is directed against the judgment/order dated 17.8.2009, passed by the learned Additional Judicial Magistrate, Pehowa, by virtue of which the accused -Respondent was acquitted of the charge under Section 420 of Indian Penal Code.

(2.) THE factual matrix necessary for the disposal of this petition is that in the month of August, 1997 accused Joginder Singh came to the complainant and asked him that he is wanted to send his relative to foreign. Jagtar Singh accused, with intention to deceive the complainant, demanded Rs. 2.50 lakhs for sending her to Germany, out of which the complainant gave him Rs. 85,000/ - on 13.8.1999. The complainant again paid another sum of Rs. 25,000/ - to the accused. The complainant and his sister -in -law Amarjit Kaur were called upon by the accused so many times at Delhi, but they were sent back on one pretext or the other. As per the complainant the accused had neither returned the amount nor had sent Amarjit Kaur to abroad despite several requests. On the basis of this complaint, a case was registered against the accused. Statements of the witnesses were recorded. Accused was arrested and after completion of investigation the challan was presented against the accused.

(3.) I have heard the learned Counsel for the Petitioner and have gone through the record.