SATWINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) As per the office report, the Lower Court record has not been received. However, the learned counsel for the petitioner has placed on record the photocopy of the certified copy of the Lower Court record, which is taken on record as 'Mark X'.

(2.) Prayer in this petition is for setting-aside the order dtd. 18/5/2019 (Annexure P-4) passed by the Lower Appellate Court vide which the application filed by the petitioner/accused for stay of conviction of the judgment dtd. 1/12/2014 and order of sentence of even date was dismissed. The petitioner was held guilty for commission of offence punishable under Ss. 403 and 406 of the Indian Penal Code (in short 'IPC') and was sentenced to undergo imprisonment for a period of 02 years by the trial Court.

(3.) Brief facts of the case are that the petitioner, who is proprietor of M/s. Balaji Communications is a distributor of M/s. Vodafone and similarly the complainant namely Rahul, is the owner of M/s. S.S. Distributors, is also a distributor of M/s. Vodafone. Both the petitioner and the complainant are having their account in Allahabad Bank Branch at Udyog Vihar, District Gurugram. On 27/9/2013, the complainant through his bank account transferred an amount of Rs.11.00 lacs in the account of M/s. Vodafone by way of RTGS, however, the bank inadvertently credited the same in the account of Vodafone by showing that it is credited by M/s. Balaji Communications. The complainant registered the present FIR with the allegations that the petitioner has refused to return the amount to him. After facing the full length trial, the petitioner was held guilty and was convicted for commission of offence punishable under Ss. 403 and 406 IPC and was sentenced to undergo imprisonment for a period of 02 years, as noticed above.