PARSHOTAM LAL Vs. SEWA RAM

JUDGEMENT

(1.) Present petition under Section 378(4) of the Code of Criminal Procedure is directed against the order dated 20.02.2013 passed by learned Judicial Magistrate Ist Class, Jalandhar whereby accused has been acquitted of the charge in a complaint filed by the petitioner-complainant, titled Parshotam Lal Vs. Sewa Ram and others under Sections 406 and 420 IPC.

(2.) Facts relevant for the purpose of decision of the present petition; that complainant, Parshotam Lal filed a complaint under Sections 406 and 420 IPC against Sewa Ram, Binder Singh and Jarnail Singh on 12.08.2006. Allegations against the accused persons were that they were engaged in the business of sending the persons abroad in an illegal manner and visa for employment. All the accused persons induced the complainant to make payment of Rs.2.00 Lakhs for sending his son, Gagandeep to Australia and demanded Rs.1.00 lakh for completing the formalities of visa and to pay remaining amount of Rs.1.00 lakh when Gagandeep reaches Australia. Similarly, all the accused induced Harbhajan Lal to pay Rs.2.00 Lakhs for completing the formalities of visa and balance amount of Rs.1.00 lakh on reaching brother-in-law of the Harbhajan Lal to Australia. Complainant and Harbhajan Lal believing the accused in good faith made payment of Rs.1.00 lkh each alongwith the passport of son of the complainant as well as brother-in-law of Harbhajan Lal in February, 1996 to all the accused persons in village Bulandpur in the house of the complainant in the presence of Surinder Jassal of village Basesar and Ravi Jassal of village Tajpur. Later on, the accused persons neither send the son of the complainant and brother-in-law of Harbhajan Lal to Australia nor returned the passports and money having been taken for the purpose and the matter was reported to the Panchyat of village Bal where the accused admitted having received the payment and passport, but to no effect. Thereafter, the matter was reported to the police and FIR No. 399 dated 29.9.2005 under Sections 420 and 406 IPC was registered at Police Station Sadar, Jalandhar against all the accused persons.

(3.) During the pendency of the complaint proceedings, the complainant himself appeared as CW-1 and reiterated the allegations levelled in the complaint apart from examining Harbhajan Lal as CW-2, Surinder Jassal as CW-3, Ravi Jassal as CW-4 and Gagandeep as CW-5.