DES RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present revision is directed against the judgment and order of sentence passed by Judicial Magistrate Ist Class, Nakodar on 09.08.2012 whereby the petitioner was sentenced to undergo rigorous imprisonment for a period of 02 years and to pay fine of Rs.2000/ - and in default of payment of fine he was to further undergo rigorous imprisonment for a period of 15 days for commission of offence punishable under Section 420 IPC in FIR No.13 dated 31.07.2007 relating to Police Station Lohian. In appeal, the Additional Sessions Judge, Jalandhar vide its order dated 24.09.2013 upheld and affirmed the findings and dismissed the appeal.

(2.) SURINDER Pal, complainant and Harpal Singh were on friendly terms. The complainant expressed his desire of going abroad. The complainant was introduced to Sohan Chand who informed that Des Raj, Ramesh Kumar and Rakesh Kumar were registered travel agents. The complainant contacted the accused who promised to send him to Canada but on charging a sum of Rs.12 lacs. The complainant was contacted by Des Raj and a sum of Rs.2 lacs was paid in the year 2005. Out of this amount, a sum of Rs.50,000/ - had been withdrawn by the complainant from his account and the remaining money was arranged from his friends. A sum of Rs.2,50,000/ - was paid on 17.02.2005 in the presence of Surjit Singh. Another sum of Rs.4,00,000/ - was paid on 24.02.2005. All this while, the accused were assuring him that he would be sent abroad within 2 -3 days. On 19.04.2005 accused Des Raj came to the house of complainant and a sum of Rs.1,50,000/ - was paid. Further a sum of Rs.2,00,000/ - was paid on 22.04.2005. The complainant was asked to come to Mumbai. The complainant along with Surjit Singh went to Mumbai where they met Des Raj and Rakesh and where they were introduced to Bhagwati, an agent. Bhagwati lodged them in a hotel where they stayed for 10 days. On 16.05.2005 Des Raj and Rakesh Kumar were taken to the airport from where complainant was flown to South Africa. The complainant was kept in a hotel for two days along with some other persons. Eventually the police in South Africa apprehended the complainant and the other persons and they were deported back to India. The complainant contacted the accused and asked for his passport and the money but they kept putting him off on one pretext or the other. Eventually the passport was returned but the money was not returned. The complainant found that the passport was not stamped. On these broad allegations a complaint was lodged. The matter was investigated and the accused were challaned.

(3.) THE prosecution examined some witnesses but were not able to close its entire evidence. Their evidence was closed by the Court orders.