- (1.) G. S. N. Tripathi, J. This revision arises out of the judgment and order dated 18-1-96 passed by the 1st Addl, Sessions Judge, Bareilly, whereby he had dismissed the Criminal Appeal No. 145/95 filed by the accused. That appeal arose out of judgment dated 28- 6-95, passed by Addl. C. J. M. Bareilly in Criminal Case No. 9 of 95, whereby the learned Addl. C. J. M. held the accused guilty on a charge under Section 4201pc and sentenced him to under R. I. for a period of three years and further to pay a fine of Rs. 36,000. "on failure to pay the fine, one year's simple imprisonment was awarded. Out of the fine so recovered, a sum of Rs. 35,090 would be paid to the com plainant Smt. Kusum Agarwal by way of compensation.
(2.) THE accused had agreed to supply foods at concessional rate and received Rs. 35,090 as earnest money. All of sudden, he closed his shop on 11-7-93. This way, he has defrauded the complainant to the tune of Rs. 35,090. The complainant was examined as P. W 1 she narrated the entire story. P. W. 2,s. 1. Gyan prakash is the Investigating Officer. The accused in his statement under Section 313, Cr. P. C. has said that he was simply an employee of the firm, known as Subham and had not received the money.
(3.) SMT. Kusum Agarwal, in his state ment, has detailed the payments made by her and her relatives to the tune of Rs. 35,090. She has given the details of goods, which offered to be purchased. After a close analysis of the evidence on the record, the learned trial court found that the accused had duped the com plainant. He convicted and sentenced the accused as noted above.;