JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. The appellant was tried by the Judicial Magistrate, First Class, Didwana for offence punishable under Section 420 of the IPC in Criminal Case No. 41/89.

2. Deceased Hardeva Ram filed complaint against the appellant on 9/8/1988 stating that since the appellant used to send persons abroad for employment, he also arranged passport for his son Arjun Ram. The appellant told him that if he wants to send his son abroad, he will have to pay him Rs.15,000/- and hand over his passport to him. The complainant gave him Rs.8,300/- but the appellant did not send his son abroad. The complainant asked for his money but the appellant refused to return the same. After investigation charge sheet was filed under Sections 406 and 420 of the IPC. The learned Magistrate framed charge under Section 420 of the IPC.

The appellant denied the charge. Upon conclusion of the trial, the learned Magistrate by his order dated 13/07/1992 convicted the appellant under Section 420 of the IPC and sentenced him to suffer simple imprisonment for 2 years and to pay a fine of Rs.1,000/-, in default, to undergo simple imprisonment for two months. Appeal filed by the appellant was di