U T CHANDIGARH Vs. SANTOKH SINGH

JUDGEMENT

(1.) U .T. Administration has preferred this appeal against judgment of trial Court dated 9.4.1990 passed by the learned Judicial Magistrate, 1st Class, Chandigarh.

(2.) AN F.I.R. No. 33 dated 3.2.1987 of Police Station, West Chandigarh was registered against Santokh Singh under Section 406/420 I.P.C. read with Section 25(2) of the Immigration Act. The allegation against the accused was that he had floated travelling agency under the name and style of M/s. International Traders. The complainant Gurdial Singh contacted him for a job abroad. For that purpose, a sum of Rs. 16,000/ - was demanded which was paid vide a receipt dated 12.6.1980. Instead of arranging a job for the complainant, the accused took him to Bangkok in a trip where he was lodged in a Hotel and was left without any job. With great difficulty the complainant got back to India and as such complainant has lodged the F.I.R. against the appellant on the allegations that he was cheated and his amount was misappropriated by him.

(3.) THE challan was filed and the prosecution examined various witnesses. Evidence of the prosecution was closed because they failed to produce the remaining evidence despite opportunities. The learned trial Court while acquitting the accused gave the following reasons :