AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present appeal is directed against the judgment of dated 22.2.2013 passed by the Additional Sessions Judge, Ludhiana, vide which respondent No. 2 - Nagahia Singh has been acquitted by setting aside the judgment of conviction and order of sentence dated 25.11.2010 passed by the Judicial Magistrate, Ist Class, Ludhiana, in case FIR No. 199 dated 22.08.2007 under Section 420 IPC registered at Police Station Shimla Puri, Ludhiana.

(2.) Brief facts of the case are that on the application of complainant Amarjit Singh (petitioner herein), above noted FIR was registered. The complainant in his complaint stated that on 10.11.2006, respondent No.2- Nagahia Singh entered into a written agreement for the sale of a plot and earnest money of Rs.1.00 lac was given to him and the sale deed was to be executed on 30.11.2006. Since the sale deed was not executed on 30.11.2006, the time was extended to 28.2.2007, but on the said date, respondent No.2 did not come present to execute the sale deed and the petitioner came to know that respondent No.2 had also entered into an agreement for the sale of the same plot with one Maha Singh on 7.11.2006 and sale deed in favour of Maha Singh was to be executed on 17.11.2006, but finally respondent No.2 executed sale deed in favour of Smt. Ranjit Kaur on 8.12.2006 and, thus, respondent No.2 had cheated and defrauded the appellant.

(3.) The trial Court framed charge against respondent No.2 under Section 420 IPC to which, he pleaded not guilty and claimed trial and ultimately after taking into consideration the evidence on record, respondent No.2 was sentenced to undergo rigorous imprisonment for one year and six month under Section 420 IPC and to pay a fine of Rs.1000/- and, in default of payment of fine, to further undergo imprisonment for one month.