RISHI PARKASH Vs. VIJAY KUMAR & OTHERS

JUDGEMENT

(1.) Challenge in this revision petition is to the judgment dated 22.02.2012 passed by the learned Additional Sessions Judge, Gurgaon, whereby the appeal filied by the petitioner challenging the judgment of acquittal dated 16.10.2010 passed by the learned Additional Chief Judicial Magistrate, Gurgaon, was dismissed.

(2.) The brief facts of the case are that Vijay Kumar (respondent No.1) was senior officer of JVG Bank, Gurgaon, who allegedly lured the complainant-Rishi Parkash and his mother to invest in his bank. Vijay Kumar (respondent No.1) promised them to return the amount with the higher rate of interest. The petitioner and his mother withdrew their amount from the Gurgaon Gramin Bank, Rewari, and deposited a sum of Rs.2,31,000/- with the JVG Bank, Gurgaon. On 16.08.1997, the petitioner and his mother approached Vijay Kumar (respondent No.1) for withdrawing their amount but he put off the matter. The petitioner lodged the report against respondent No.1 but during investigation, it transpired that the remaining respondents were also involved. After completion of the investigation, charge-sheet in terms of Section 173, Cr.P.C, was presented before the learned Area Judicial Magistrate against Vijay Kumar S/o Kamal Singh, Suresh Kumar S/o Om Parkash, Pardeep Kumar s/o Zile Singh and Vijay Kumar Sharma s/o Suraj Parkash. During the course of trial, respondent No.4-Vijay Kumar Sharma was declared proclaimed offender.

(3.) The remaining respondents faced the trial for the offence punishable under Section 420, IPC but the learned trial court acquitted them. Aggrieved by the judgment of acquittal, the petitioner preferred an appeal before the court of Session which was also dismissed vide judgment dated 22.02.2012, hence, the present criminal revision petition challenging the judgments of acquittal passed by the two courts below.