STATE OF HIMACHAL PRADESH Vs. ASHOK KUMAR

JUDGEMENT

(1.) This appeal has been filed by the State against judgment dated 18.11.2008 passed by the Court of learned Sessions Judge, Hamirpur, in Criminal Appeal No. 38 of 2008, vide which, learned Appellate Court has accepted the appeal of accused/ respondent Ashok Kumar and set aside the judgment of conviction passed against him by learned trial Court in Criminal Case No. 8 -II - 2005, dated 24.05.2008, whereby learned trial Court had convicted the present respondent for commission of offence punishable under Sections 420, 467 and 468 I.P.C. and co -accused Siri Ram was acquitted for the commission of the said offences.

(2.) In brief, the case of the prosecution was that Prem Singh filed one complaint Ext. PW3/A before the Deputy Superintendent of Police, Barsar, against the accused persons to the effect that he was owner in possession of land measuring about 60 Kanal, situated in Tika Khalot, Tappa Dhatwat, Tehsil Barsar, District Hamirpur and in the year 2001, he received one notice from District Manager, H.P. SC & ST Development Corporation, Hamirpur, vide which he was directed to ask accused Ashok Kumar to refund loan amount received by Ashok Kumar from the said Corporation to the tune of Rs.2,39,000/ -. When the complainant enquired the matter, he came to know that accused Ashok Kumar had managed to get the land of the complainant measuring 17 Kanal 12 Marla comprised in Khewat Khatauni No. 20 min, Khasra Numbers 204, 206 and 211, situated in Tika Khalot, Tappa Dhatwat, Tehsil Barsar, District Hamirpur mortgaged with the said Corporation and obtained loan in his favour from the said Corporation.

(3.) Complainant accordingly, visited the house of accused Ashok Kumar on number of occasions and asked him how he had mortgaged the land of the complainant with the Corporation. He also filed a complainant against accused Ashok Kumar for having committed fraud on 31.01.2002 before the Executive Magistrate, Barsar. The said complaint was forwarded to Station House Officer, Police Station Barsar. Ashok Kumar was asked to settle the matter and he agreed to repay the loan amount in installment. However, he did not make any payment to the Corporation and the Corporation again sent a notice to the accused and directed him to pay an amount of Rs.2,94,187/ - within ten days. The complainant again requested Ashok Kumar to make the said payment, but he flatly refused to make any payment to the Corporation. Thus, it was reported that the accused had committed fraud with the complainant by pledging/mortgaging the land of the complainant with the Corporation without the consent and permission of the complainant and he had managed to procure loan in his favour without permission of the complainant. On the basis of said complaint FIR Ext. PW10/B was registered against the accused persons.