Delhi District Court
Criminal Case/1420/2008 on 12 March, 2014
IN THE COURT OF MS. GOMATI MANOCHA, METROPOLITAN
MAGISTRATE-02, PATIALA HOUSE COURTS, NEW DELHI
FIR No. : 127/04
P.S : Chanakya Puri
Date of commission of offence : 08.06.2004
Date of institution of challan : 29.01.2008
Name of complainant : Sh. Ajay Sanger
Name of accused : Brij Pal Singh
S/o late Sh. Sardar Ujagar Singh
R/o J-177, Vikas Puri, New Delhi
Offence complained of : U/s 420 IPC
Plea of the accused : Pleaded not guilty
Arguments heard/ order reserved : 12.03.2014
Final order : Acquitted.
Date of such order : 12.03.2014
Brief statement of the reasons for the decision:
1.The brief facts of the case are that on or about 29.04.1999 at about 10 am at Visa Section, USA Embassy, New Delhi and further again on 24.05.1999 the accused cheated Ajay Sanger, the complainant, by dishonestly inducing him to deliver the accused Rs. 2 Lacs and Rs. 5 Lacs belonging to the complainant and the accused assured the complainant that the accused would provide him a visitor visas to go to United States of America. However, the accused failed to provide the complainant Visitor Visa. Thereafter, in order to repay the balance amount, the accused had issued 8 posted cheques of Rs. 25,000/- each to the complainant but only 7 cheques were encashed and one cheque got dishonoured Thus, FIR no. 127/04 page 1 of 3 accused thus committed offence punishable under Section 420 IPC.
2. After the completion of investigation, charge sheet u/s 420 IPC was filed against the accused person Brij Pal Singh. Copy of challan was supplied to the accused. Charge was framed against him u/s 420 I.P.C, to which he pleaded not guilty and claimed trial.
3. In order to prove its case, prosecution has examined two witnesses.
4. PW1 ASI Hari Chand proved the FIR no. 127/04. The copy of FIR is Ex. PW-1/A and entry on rukka is Ex. PW-1/B.
5. PW-2 Rakesh Kumar brought the true copy of cheques bearing no. 8165084, 8166895, 8165085, 8166894 and 8165082 belonging to the account number 21785 and 16075 in the name of Ajay Sanger. He has brought the abovesaid original cheques also. The cheques are Ex. PW- 2/A(colly.).
6. Summons sent to the complainant through the DCP received back with the report that he has left the address and has moved to USA. Thereafter, PE was closed. Statement of accused under Section 313 Cr.P.C. was dispensed with.
7. Arguments were heard. I have heard the arguments advanced by the Ld. A.P.P for the State as well as by the counsel for the accused and have given my thoughtful consideration to the same.
8. Summons were sent to the complainant several times but the same were received back unserved. The prosecution has failed to examine the complainant in this case. The allegations of cheating could only be established by the complainant. Inducement could only be proved by the complainant. The complainant did not appear before the court either to substantiate his complaint or to prove his signatures upon it.
FIR no. 127/04 page 2 of 3
9. There is no sufficient evidence against the accused Brij Pal Singh. Hence, he is acquitted of the charges levelled against him. Bail bonds furnished on behalf of the accused are extended for a period of six months under the provision of section 437A Cr.P.C. File be consigned to the record room.
Announced in the (GOMATI MANOCHA) Open Court on 12.03.2014 MM-02/ New Delhi
It is certified that this judgment contains three pages and each page bears my signature.
(GOMATI MANOCHA)
MM-02/ New Delhi/12.03.2014
FIR no. 127/04 page 3 of 3
FIR No. 127/04
PS Chanakya Puri
12.03.2014
At 4.00 p.m.
Present: Ld. APP for the state.
Accused Brij Pal Singh in person along with counsel.
Summons sent to the complainant through DCP received back with the report that he has left the address and has moved to USA. Several opportunities have been availed by the prosecution to lead evidence. No grounds for further adjournment is made out. The examination of the remaining witnesses would only be an exercise in futility as they are only formal in nature. Hence, PE is hereby closed. Since there is nothing incriminating against the accused, therefore, statement of the accused u/s 313 Cr.P.C. is hereby dispensed with.
Arguments heard.
Vide separate judgment of even date, the accused Brij Pal Singh is acquitted of the offence under Section 420 IPC . The accused Brij Pal Singh on bail. Bail bonds furnished on behalf of the accused are extended for a period of six months under the provision of section 437A Cr.P.C. File be consigned to the record room.
(GOMATI MANOCHA)
M.M-02/New Delhi/12.03.2014
FIR no. 127/04 page 4 of 3