Alok Singh, J. - (1.) THIS revision petition is directed against the judgment/order dated 17.8.2009, passed by the learned Additional Judicial Magistrate, Pehowa, by virtue of which the accused -Respondent was acquitted of the charge under Section 420 of Indian Penal Code.
(2.) THE factual matrix necessary for the disposal of this petition is that in the month of August, 1997 accused Joginder Singh came to the complainant and asked him that he is wanted to send his relative to foreign. Jagtar Singh accused, with intention to deceive the complainant, demanded Rs. 2.50 lakhs for sending her to Germany, out of which the complainant gave him Rs. 85,000/ - on 13.8.1999. The complainant again paid another sum of Rs. 25,000/ - to the accused. The complainant and his sister -in -law Amarjit Kaur were called upon by the accused so many times at Delhi, but they were sent back on one pretext or the other. As per the complainant the accused had neither returned the amount nor had sent Amarjit Kaur to abroad despite several requests. On the basis of this complaint, a case was registered against the accused. Statements of the witnesses were recorded. Accused was arrested and after completion of investigation the challan was presented against the accused. Accused was charge sheeted for an offence punishable under Section 420 IPC to which he pleaded not guilty and claimed trial. The prosecution in order to prove its case examined five witnesses and thereafter closed the prosecution evidence. Statement of accused under Section 313 of the Code of Criminal Procedure was recorded, wherein he denied all the allegations levelled against him and pleaded false implication, however, no defence was led by him. The learned trial Court after appreciating the evidence, available on the record, acquitted the accused of the charge framed against him. Not satisfied with the aforesaid judgment, the complainant has preferred the present revision petition. Alongwith the petition, an application under Section 5 of the Limitation Act for condoning the 253 days delay in filing the revision petition has been filed.
(3.) I have heard the learned Counsel for the Petitioner and have gone through the record.;