NIRMAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant criminal revision has been filed against the impugned judgment dated 11.12.2010 passed by learned Additional Sessions Judge, Ludhiana, thereby dismissing the appeal of the petitioner filed against the order dated 12.11.2008 passed by the learned Judicial Magistrate Ist Class, Ludhiana, acquitting respondent Nos.2 and 3.

(2.) Brief facts of the case are that an FIR No. 289 dated 08.09.1998 under Sections 420/120-B IPC, registered at Police Station Sadar Ludhiana has been registered against respondent Nos. 2 and 3 on the basis of complaint filed by the petitioner on the allegations that the accused persons had executed an agreement to sell with the petitioner in the year 1994 for consideration of Rs.71,000/- which was received from the petitioner. But, respondent Nos. 2 and 3 did not execute the sale deed and misappropriated the amount. The investigation was conducted by ASI Tehal Singh and he arrested the accused persons. After completion of investigation, challan was presented in the Court. After presentation of the challan, respondent Nos. 2 and 3 pleaded not guilty and claimed trial.

(3.) The prosecution, in order to prove its case, examined PW1 Nirmal Singh-complainant, PW2 Harbans Singh, PW3 Joginder Singh, PW4 ASI Baldev Singh, PW5 HC Shamsher Singh and PW6 Avtar Singh, Junior Assistant, PUDA and closed its evidence.