JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has preferred this petition being aggrieved of the judgment dated 14.1.2009, passed by Additional Sessions Judge, Fatehgarh Sahib, vide which the appeal filed by her, challenging the judgment of conviction and order of sentence dated 12.10.2006, passed by learned Chief Judicial Magistrate, Fatehgarh Sahib in case FIR No. 28 dated 15.3.1998 under Sections 420, 406 IPC, registered at Police Station Bassi Pathanan, was dismissed.

(2.) As per the prosecution case, on the application moved by Harbans Singh and Parminder Singh, the FIR in question was registered against Dr. Gurnam Singh and Jasbir Kaur (wife of Dr. Gurnam Singh) as they had received Rs.6.00 lacs sending them America to work at his (petitioner Gurnam Singh's) petrol pumps. But neither they were sent abroad nor their money was returned. Thereafter, the accused had given an affidavit agreeing to repay the half amount upto 28.6.1997. However, when the complainants went to accused Dr. Gurnam Singh for return of their money, they came to know that he had absconded. It was alleged that the petitioner had refused to repay the amount to them. On the basis of the said application, the FIR in the present case was registered.

(3.) Accused Gurnam Singh was declared proclaimed offender on 21.9.1998.