KAUSHALYA DEVI Vs. STATE OF PUNJAB.

JUDGEMENT

(1.) CHALLENGE in this Criminal Revision Petition is to the judgment dated 02.11.2012 passed by the learned Additional Sessions Judge, Hoshiarpur, whereby the appeal filed by the petitioner challenging her conviction and sentence for the offence punishable under Section 420, IPC, awarded by the learned Judicial Magistrate Ist Class, Dasuya, was dismissed.

(2.) WHEN the present Criminal Revision Petition came up for preliminary hearing before this Court, at that time, the learned counsel for the petitioner opted not to challenge the conviction of the petitioner, however, he submitted that the sentence awarded was on higher side, therefore, notice of motion was issued for hearing on the quantum of sentence only.

(3.) BRIEF facts of the case are that complainant Daljit Singh presented an application before the Senior Superintendent of Police, Hoshiarpur, alleging that Surinder Kaur wife of Swaran Singh had introduced him with Bodh Raj, an agent, for sending his (complainant) son, Harkamal, to England after charging Rs.9,00,000/-. The agent demanded Rs.4,50,000/- which were paid in two instalments and thereafter he assured that the son of the complainant would be sent abroad within 15 days. The son of the complainant was called to Delhi and after keeping him there for a week, he was sent back to his village. Once again, the son of the complainant was called to Delhi and again kept there for a weak. The accused persons forged a visa. They neither sent the son of the complainant to abroad nor returned the amount of Rs.4,50,000/- even after expiry of the period of six months. Panchayat intervened and thereafter, a cheque worth Rs.1,00,000/- drawn to HDFC Bank, Kapurthala, was handed over to the complainant but on inquiry, it was found that the Bank account relating to that cheque had already been closed. The accused persons lingered the matter on one pretext or the other and ultimately refused to return the money received by them.