BAGGA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner in this petition impugns the judgment dated 13.9.2001 of the learned Additional C.J.M., Kapurthala vide which he was convicted under Section 420 I.P.C. and sentenced to undergo RI for 1-1/2 years and to pay a fine of Rs.1000/- and in default, to further undergo RI for two months. The appeal filed by the petitioner against the said judgment was dismissed by the learned Additional Sessions Judge, Kapurthala vide his judgment dated 17.1.2004.

(2.) According to the allegations as set out in the F.I.R. which was recorded on the basis of the statement of complainant Ajit Singh, it was given out that the petitioner had assured the complainant that his son would be sent abroad if he paid Rs.1 lac which was done. Since the son of the petitioner was never sent abroad and neither the amount returned, the complainant raised this issue and eventually in the presence of the respectables, a compromise was arrived at between the parties on 24.2.1997 whereby the petitioner agreed to return the amount and an amount of Rs.50,000/- was paid by him, whereas the remaining amount was to be paid by 24.6.1997. The petitioner defaulted in making this payment leading to the registration of the F.I.R. and the consequential proceedings against him resulting in the conviction and sentence as mentioned above. The compromise is on record as Ex.PA. A perusal of the same

(3.) reveals that the petitioner had agreed to return the amount of Rs.1 lac and according to his own showing even before this Court, the amount of Rs.50,000/- had been paid by him to the complainant. If that be so, the compromise required the petitioner to return a sum of Rs.1 lac. It is thus evident that the petitioner admitted the allegations as set out in the F.I.R.