Decided on February 24,2021

Dhiman Das Appellant


S.G.Chattopadhyay,J. - (1.) This Criminal Revision Petition has been filed challenging the judgment and order dated 22.06.2017 delivered by the Addl. Sessions Judge, Unakoti Judicial District, Kamalpur in Criminal Appeal No.01 of 2017 whereby the learned Addl. Sessions Judge upheld the conviction and sentence of the petitioner under Section 420 of the Indian Penal Code (IPC in short) but reduced his sentence from Simple Imprisonment (SI) for 01 year to Simple Imprisonment for 6 months while maintaining the fine of Rs.6,000/- awarded by the Sub-divisional Judicial Magistrate, Kamalpur, Unakoti Judicial District by his judgment and order dated 06.12.20216 in case No. PRC(WP) 07 of 2016.
(2.) The genesis of the prosecution case is rooted in the written FIR lodged by Sri Dipakmani Dey, S/o Sri Durjamani Dey of Manik Bhandar, Kamalpur, alleging, inter alia, that on 28.11.2015 in his absence at home the petitioner met his 85 years old father and took a sum of Rs.6,000/- from his father by making a promise that in return he would give him a gold chain. His father reposed faith in the petitioner and delivered the whole amount of Rs.6,000/- to the petitioner immediately. When the informant returned home from Agartala in the evening, his father unfolded the incidence to him. The informant then started searching for the petitioner but he was found nowhere. After about 2 weeks, the informant met the petitioner at his home on 11.12.2015 and demanded the money. He refused to pay back the money and threatened the informant with dire consequences. 02 days thereafter, the informant PW-1 lodged this FIR making allegations of cheating against the petitioner.
(3.) Based on the said written ajahar of the informant, Kamalpur P.S. Case No.2015 KMP 115 dated 13.12.2015 under Sections 420 and 506 IPC was registered and the case was taken up for investigation.;

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