CHANDRA SHEKHAR MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition has been filed against the judgment dated 30.04.2012 passed by learned Additional District and Sessions Judge, Hazaribagh in Cr. Appeal No. 194 of 2011, whereby the learned appellate court confirmed the judgment of conviction and modified the amount of fine amount of Rs. 10,000/- and directed the petitioner to pay compensation of Rs.76,000/-.

(3.) The case of the complainant in brief is that on 10.01.2009 accused took Rs. 1,15,000/- from the complainant on the pretext of getting the complainant's son admitted in Sagar Institute of Research and Technology, Bhopal (Electronic Branch). The son of the accused was already studying in the aforesaid institute and therefore the accused approached the complainant at his residence at Chouparan and assured the complainant that his son would get admission in the said institute for which the complainant had to pay Rs. 1,15,000/- towards admission fee, tuition fee, hostel charges etc. The complainant fell into this trap and gave Rs. 1,15,000/- to the accused. The accused and his son Rajesh Kumar gave a money receipt to the complainant and also entered into an agreement with the complainant. Later, the accused failed to get admission of the complainant's son in the said institute. After the pressure given by the complainant and other common friends, accused returned Rs. 39,000/- to the complainant on 27.04.09 and for the rest amount gave a cheque of Rs. 76,000/- drawn on S.B.I. Bokaro, Branch. However, when the complainant deposited the said cheque in his account at Bank of India, Chouparan Branch, it was dishonoured on 21.05.09 due to reason "Payment stopped by the drawer." Thereafter, the complainant gave a demand notice to the accused through his advocate by registered post but the accused in his reply to the said notice refused to return the cheque amount to the accused. Hence, the complaint case was filed.