KRISHAN Vs. POLU RAM

JUDGEMENT

(1.) CRM NO. 5777 OF 2015

(2.) BRIEFLY stated, the complainant Krishan filed a complaint under Sections 420/406/467/468/120 -B/506 of the Indian Penal Code (in short "the IPC") against Polu Ram and Satpal Sharma with the allegations that respondent No.1 -Polu Ram is the younger brother of complainant now petitioner and respondent No.2 is the friend of respondent No.1. Both the respondents used to send people abroad. The complainant is a contractor of putting lintel on the buildings of owners and he is in possession of two mixture machines and two vibrators and earns Rs. 800/ - per day. The respondents induced him and assured him to send him to Belgium and also assured him to get job of Rs. 50,000/ - per month. The deal was struck at Rs. 4 lacs. The complainant paid a sum of Rs. 1,50,000/ - in the month of February, 2005 along with passport and photos. Rs. 60,000/ - was paid on 01.07.2005 after borrowing the same from his brother -in -law Sanjiv Kumar, Rs. 75,000/ - was paid on 09.07.2005 after selling his shop to Kailash Chander, Rs. 25,000/ - was paid on 10.09.2005 out of balance sale consideration of shop and Rs. 60,000/ - was paid on 20.10.2005 after selling his two mixture machines to one Kailash Chand. In this manner, the respondents have received Rs. 3,70,000/ - from the complainant in the presence of Kailash Chand, Dharam Pal and Sanjiv Kumar. The respondents did not send the complainant abroad. Hence, the complaint.

(3.) IN pre -charge evidence, the complainant himself appeared as CW -1 and examined Sanjiv Kumar as CW -2, Dharam Pal as CW -3 and Kailash Chander as CW -4.