Lokesh Kumar vs State of Punjab

Ritu Bahri, J.—Challenge is to the judgment dated 11.01.2013 passed by the learned Additional Sessions Judge (Adhoc) Fast Track Court, Hoshiarpur, whereby she upheld the judgment of conviction dated 23.12.2010 passed by the then learned Chief Judicial Magistrate, Hoshiarpur, sentencing the petitioner to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 5000/- for committing an offence u/s 420 IPC. Brief facts of the case are that F.I.R. was registered on the basis of a complaint made by Dr. Subash Mehta and Malkiat Singh-complainants against the petitioner with the allegations that he had cheated and committed fraud upon them. The petitioner had sold 15 Marlas of land to each of the complainant on 10.08.2004 through separate registered sale deeds. The complainants had spent more than Rs. 4,10,000/- each and had given Rs. 3,75,000/- to the petitioner for consideration of sale, besides expenses of more than Rs. 35,000/-. Both the complainants had demanded original sale deed in the name of the petitioner-Lokesh Kumar. Subsequently, the complainants came to know that the land in question was mortgaged by the petitioner with the Indian Bank and proceedings for taking possession of the property had been initiated by the said bank. In this regard, a news was also published in ''Punjabi Tribune'' on 30.09.2005. The sale conducted by the petitioner in favour of the complainants, was by way of cheating and fraud.

After investigation, challan was presented before the trial Court and charge u/s 420 IPC was framed against the petitioner, to which, he pleaded not guilty and claimed trial.

In order to prove its case, the prosecution examined as many as six witnesses and thereafter, closed its evidence.

Accused was examined u/s 313 Cr.P.C. and entire incriminating evidence appearing against him were put to him, who denied the same and pleaded his false implication.

The trial Court after going through the entire evidence led by the parties, convicted and sentenced the petitioner in the above said terms, against which, he preferred an appeal, which was also dismissed by the first Appellate Court.

After the dismissal of the appeal on 11.01.2013, both the parties have amicably resolved the dispute as per compromise deed dated 31.01.2013 (Annexure P-3).

The dispute being primarily civil in nature, which relates to sale of two plots of 15 Marlas each, has now been settled. In this regard, affidavits of Dr. Subhash Mehta and Malkiat Singh have been appended as Annexures P1 and P-2. Learned counsel, appearing on behalf of the complainants, has not disputed the above said documents. As per the custody certificate dated 19.03.2013, filed by the Superintendent, District Jail, Hoshiarpur, the petitioner has undergone 2 months and 8 in custody. Till date, he has undergone more than 5 months. The conviction of the petitioner was u/s 420 IPC, which is a compoundable offence.

Keeping in view the above facts, the conviction of the petitioner u/s 420 IPC is upheld, but the sentence of imprisonment, awarded to him, is reduced to the period already undergone and a direction is given that the petitioner be released to the satisfaction of CJM/Duty Magistrate, Hoshiarpur. With the above modification/direction, the present petition stands disposed of.