LOKESH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CHALLENGE is to the judgment dated 11.01.2013 passed by the learned Additional Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur, whereby she upheld the judgment of conviction dated 23.12.2010 passed by the then learned Chief Judicial Magistrate, Hoshiarpur, sentencing the petitioner to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/ - for committing an offence under Section 420 IPC. Brief facts of the case are that F.I.R. was registered on the basis of a complaint made by Dr. Subash Mehta and Malkiat Singh -complainants against the petitioner with the allegations that he had cheated and committed fraud upon them. The petitioner had sold 15 Marlas of land to each of the complainant on 10.08.2004 through separate registered sale deeds. The complainants had spent more than Rs. 4,10,000/ - each and had given Rs. 3,75,000/ - to the petitioner for consideration of sale, besides expenses of more than Rs. 35,000/ -. Both the complainants had demanded original sale deed in the name of the petitioner -Lokesh Kumar. Subsequently, the complainants came to know that the land in question was mortgaged by the petitioner with the Indian Bank and proceedings for taking possession of the property had been initiated by the said bank. In this regard, a news was also published in 'Punjabi Tribune' on 30.09.2005. The sale conducted by the petitioner in favour of the complainants, was by way of cheating and fraud.

(2.) AFTER investigation, challan was presented before the trial Court and charge under Section 420 IPC was framed against the petitioner, to which, he pleaded not guilty and claimed trial.

(3.) ACCUSED was examined under Section 313 Cr.P.C. and entire incriminating evidence appearing against him were put to him, who denied the same and pleaded his false implication.