ORDER :

1. This Criminal Revision Case is filed by the petitioner, who is appellant in Criminal Appeal No. 46 of 1998, on the file of V Additional District and Sessions Judge (Fast Track Court), Ongole and accused in C.C. No. 194 of 1996, on the file of II Additional Munsif Magistrate, Ongole, Prakasam District, challenging the judgment, dated 04.12.2003 of V Additional District and Sessions Judge, Ongole, whereunder the learned V Additional District and Sessions Judge, Ongole, dismissed the Criminal Appeal, confirming the judgment, dated 29.05.1998 in C.C. No. 194 of 1996 of II Additional Munsif Magistrate, Ongole, Prakasam District.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The present petitioner faced charge under Section 420 of Indian Penal Code (“I.P.C.” for short) in C.C. No. 194 of 1996, on the file of II Additional Munsif Magistrate, Ongole, Prakasam District and he was found guilty and he was convicted and accordingly, he was sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 1,000/- in default to suffer simple imprisonment for three months. Challenging the same, he filed the Criminal Appeal No. 46 of 1998 as above which came to be dismissed on merits. Challenging the same, he filed the present Criminal Revision Case.

4. The case of the prosecution, in brief, according to the averments in the charge sheet in Crime No. 99 of 1994 under Section 420 of I.P.C. of II Town Police Station, Ongole, is as follows:

The accused is working as a Messenger in D.T.O. Office (Telecom Department), Ongole and he used to arrange passports and visas for those who intend to go to Gulf countries for employment. It is further alleged that, the accused with dishonest means of earning more money informed Patan Rasheed Khan (LW-2) that his uncle is at Saudi Arabia working as an Engineer in the Philippines Company and offered for an electrician in Saudi Arabia and further the accused promised Patan Rasheed Khan (LW-2) that he would send him to Saudi and provide Electrician job at Saudi in his uncle’s company and demanded Rs. 50,000/- from Patan Rasheed Khan (LW-2) for that purpose. Believing the false and deceitful words of the accused, Patan Rasheed Khan (LW-2) gave Rs. 47,000/- to the accused in the presence of Patan Mehataj Begum, Shaik Mohiddin Saheb, Shaik Ismail Baig, Shaik Abdulwahab (LW-1, LW-3 to LW-5) for providing employment in Saudi Arabia along with some other persons who are also cheated by the accused. Patan Rasheed Khan (LW-2) was sent Saudi Arabia without any employment there. Patan Rasheed Khan searched for the address which was given to him by the accused and found that the address given by the accused is false and Patan Rasheed Khan suffered a lot at Saudi Arabia and faced lot of troubles. Even he could not get food everyday and ultimately with the help of some known persons in Saudi Arabia, he survived and ultimately sent a letter to his wife narrating all the facts and the cheating made by the accused. On receipt of the letter i.e. on 05.08.1994 at 10-00 hours, Patan Mehataj Begum reported the matter to II Town Police Station, Ongole and the investigating officer, Station House Officer of Ongole registered the report as a case in Crime No. 99 of 1994 under Section 420 of I.P.C. and investigated the matter and during the course of investigation, G. Ramakoteswara Rao (LW-7), Station House Officer, arrested the accused and produced before the Court for remand and examined Patan Mehataj Begum, Patan Rasheed Khan, Shaik Mohiddin Saheb, Shaik Ismail Baig, Shaik Abdul Waheb (LWs. 1 to 5) and recorded their statements. Hence, the charge-sheet.

5. The learned II Additional Munsif Magistrate, Ongole, took the case on file under Section 420 of I.P.C. and issued process for appearance of the accused. On appearance of the accused and after furnishing copies of documents under Section 207 of Criminal Procedure C