P.S. Rana, J.

Present appeal is filed against the judgment dated 23.12.2005 passed by learned Judicial Magistrate Court No.V Shimla in criminal case No. 100/2 of 2003/2002 title State of H.P. vs. Baba Suraj Nath.

Brief facts of the case

2. Complainant Surinder Kumar who was employed as Junior Assistant in the department of Tourism had deposited his salary in PNB The Mall Shimla. It is alleged by prosecution that complainant is unmarried and complainant met accused Baba Suraj Nath and disclosed the accused that complainant was suffering from mental tension etc. upon which accused assured the complainant to solve all his problems in life and also assured that he would be promoted in job. It is alleged by prosecution that accused demanded money from complainant and complainant had given three cheques to accused i.e. cheque No. 444247 dated 6.11.2001 amouting to Rs. 21000/- (Rupees twenty one thousand only), cheque No. 444248 dated 6.11.2001 amouting to Rs.21000/- (Rupees twenty one thousand only) and cheque No. 444250 dated 12.11.2001 amouting to Rs.50000/- (Rupees fifty thousand only). It is alleged by prosecution that accused defrauded the complainant to the tune of Rs. 92000