1. The appellant was tried by the Court of Session, Quilon for the offences punishable under S.489B and 489C of the Indian Penal Code. He has been found guilty on both the counts and was sentenced to undergo rigourous imprisonment for a period of 5 years under S.489B and for rigorous imprisonment for 3 years under S.489C IPC. Both the sentences have been ordered to run concurrently.

2. The case in short is as follows: The appellant is a person hailing from Chavakkat. It is alleged that he had some contacts with some people in Bombay and he offered to get NOC for PW1 to go to Libiya. PW1 parted with a sum of Rs. 4000/-. However, PW1 could not get NOC and he wanted to get back the amount from the appellant. The appellant's brother-in-law one Ashraf had also some plans to go to Libiya. According to the appellant himself, his brother-in-law and PW1 went to Bombay and there they met one R.K. Ali, who was running a panshop at Bombay. The appellant, PW1 and Ashraf were at Bombay for about 2 weeks and they were not successful in getting NOC The prosecution case is that the appellant managed to obtain some U.S. dollar notes from somebody in Bombay and he returned to the native pl