SATISH Vs. KAMRUDDIN

JUDGEMENT

(1.) KAMRUDDIN respondent filed a complaint against Satish, the present revision petitioner, and some other persons for offences under Sections 420, 467, 468 and 411 of the Indian Penal Code read with Section 149 I.P.C. on the allegations that Kamal and Ibrahim accused who were his relations took him to Gurgaon on 1.4.1977 and obtained one power of attorney from him in their favour with an intention to grab his land measuring 113 kanals 7 marlas situated in village Marokhra. On 14.4.1977 Kamal took him to Primary Land Mortgage Bank, Nuh and asked him to file an application for obtaining loan to the tune of Rs. 37,000/-. Loan was sanctioned and land of the complainant was mortgaged as security. A cheque was issued by the bank in the name of Satish who was a dealer in tractors. Satish kept on promising that he would give a tractor to the complainant but in fact no tractor was handed over to him though a fictitious entry was made in the record showing that a tractor had been delivered. He lodged a complaint with Station House Officer, Palwal but police did not take any action.

(2.) AFTER preliminary evidence was recorded the accused was summoned to face trial for offences punishable under Sections 420, 467 and 468 I.P.C. After recording pre-charge evidence the trial Court found that prima facie a case under Sections 420, 467 and 468 IPC was made out only against Satish petitioner and the other accused were discharged. On completion of the trial the accused was convicted for offences under Section 406, 467 and 468 IPC by Sub Divisional Judicial Magistrate, Palwal, vide judgment dated 19.4.1985 and he was sentenced to undergo rigorous imprisonment for one year for the offence under Section 406 IPC. He was further sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs. 500/- for the offence under Section 467 IPC and similar sentence was imposed upon him for the offence under Section 467 IPC. All the sentences were to run concurrently.

(3.) I have heard the counsel for the parties.