BALJINDER SINGH Vs. KULWINDER KAUR

JUDGEMENT

(1.) This regular second appeal has been preferred by the appellant -plaintiff against the judgment and decree dated 10.09.2013 passed by learned Additional Civil Judge (Senior Division), Nakodar whereby suit filed by the plaintiff/appellant for recovery has been dismissed, as well as, against the judgment and decree dated 15.04.2015 passed by learned Additional District Judge, Jalandhar, whereby appeal preferred by the appellant/plaintiff has been dismissed.

(2.) For convenience sake, hereinafter parties will be referred to as they are arrayed in the Court of first instance.

(3.) The detailed facts are already recapitulated in the judgments of the Courts below and are not required to be reproduced. However, brief facts relevant for disposal of this second appeal are that plaintiff filed a suit for recovery of Rs. 3,84,000/ - against the defendant to the effect that defendant is running a travel agency. Plaintiff came in contact with the defendant in the month of December 2003. Defendant told the plaintiff that she would send him to Germany. Since the brother of the plaintiff is in Germany, so the plaintiff accepted the offer made by the defendant and she asked the plaintiff that she would get a sum of Rs. 9 lacs for sending him to Germany. In the month of January 2004, plaintiff paid a sum of Rs. 1 lac as part payment to the defendant in the presence of Joginder Singh and remaining amount of Rs. 9 lacs was to be paid after getting the visa from German Embassy, but the visa was declined to the plaintiff. Plaintiff approached the panchayat so that defendant may be pressurized to return the amount of Rs. 1 lac, but the defendant put it off with one pretext or the other and assured that on the next time he will get visa as concerned man was on leave on the relevant date in German Embassy, so the visa was declined. The defendant further told the plaintiff that if the plaintiff would get sponsorship papers from Germany then the defendant would charge Rs. 7 lacs only. The defendant told the plaintiff to pay a sum of Rs. 2 lacs more to her and the remaining amount of Rs. 4 lacs would be received by the defendant after getting visa for plaintiff. So, plaintiff paid a sum of Rs. 2 lacs more to the defendant through cheques bearing Nos. 0212661 dated 15.10.2007 and 0212662 dated 24.10.2007 for a sum of Rs. 1 lac each. Again the visa was declined to the plaintiff by the German Embassy. Thereafter, plaintiff filed a criminal complaint under Ss. 406/420 IPC against the defendant. The present suit was filed for recovery.