KAPTAN SINGH SECRETARY Vs. MEHAR SINGH AND ANOTHER

JUDGEMENT

(1.) Instant revision has been filed challenging the judgment dated 02.12.2014 passed by the Additional Sessions Judge, Tarn Taran whereby order dated 09.01.2012 passed by the Judicial Magistrate Ist Class, Tarn Taran, acquitting respondent No.1-Mehar Singh has been affirmed and appeal filed by the petitioner has been dismissed. The brief facts of the prosecution case are that B.S.Jatana, District Manager, moved D.O. letter bearing No.29-D dated 07.01.2005 to S.S.P.Tarn Taran, for registration of case, wherein he alleged that Balwinder Kaur wife of Mehar Singh, resident of H.No.15/448 Tarn Taran took a loan of Rs. 24,000/- from Housefed on 14.05.1990 for the construction of house and against that loan, she mortgaged her 10 marlas plot vide mortgage deed dated 25.09.1989 and Mehar Singh attested said mortgage deed as a witness. After taking loan from Housefed, Balwinder Kaur did not deposit even a single installment and on 31.12.2004, a sum of Rs. 1,89,037/- was due against the account of Balwinder Kaur including interest. During this period, Balwinder Kaur had died. When, Housefed demanded back that loan from her heir/husband Mehar Singh, he filed a civil suit in the court and sold the mortgaged plot even before decision of that civil suit and thus, Mehar Singh committed a fraud with Housefed by selling the said plot. Inquiry was got conducted and case was registered. Investigation was set into motion. The accused was arrested. After completion of investigation, challan was presented.

(2.) On finding, prima facie case, respondent-accused was charge-sheeted under Section 420 IPC, to which he pleaded "not guilty" and claimed trial.

(3.) The trial Court after appreciating the evidence on record, vide judgment dated 09.01.2012, acquitted the respondent-accused. Feeling aggrieved, the petitioner filed appeal before the lower Appellate Court which was also dismissed vide impugned judgment dated 02.12.2014. Hence, this revision.