BALDEV SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present revision under Section 401 Cr.P.C. for challenging the judgments and order passed by the Judicial Magistrate 1st Class, Kaithal and the Additional Sessions Judge, Kaithal, whereby he was convicted under Section 420 IPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.500/-, and in default of payment of fine, to further undergo simple imprisonment for a period of three months.

(2.) The petitioner, alongwith Gurdeep Singh and Sukvinder Kaur, was tried for offences under Sections 406 and 420 IPC on a criminal complaint instituted by respondent No.2 Subeg Singh. The trial Court acquitted the petitioner and his co-accused under Section 406 IPC. The co-accused of the petitioner were also acquitted under Section 420 IPC. However, the petitioner was convicted under Section 420 IPC and sentenced to imprisonment and fine, as mentioned above. Aggrieved of the same, the petitioner filed an appeal but remained unsuccessful as the same was dismissed by the lower appellate Court. Hence, the present revision.

(3.) As per the complainant/respondent No.2-Subeg Singh, he paid a sum of Rs.2,00,000/- to the petitioner in order to send his son to England. Neither his son was sent to England nor the petitioner returned the money to him.