JUDGMENT

Harsh Bunger, J. (Oral)

The instant application has been filed under Section 378(4) of the Code of Criminal Procedure, for grant of leave to file appeal against impugned judgment dated 02.02.2018 passed by learned Judicial MagistrateIst Class, Hisar; whereby, respondent No.2-accused has been acquitted of the charges framed against him.

2. Briefly, applicant-complainant (Om Parkash) filed a complaint under Section 420 of the INDIAN PENAL CODE (for short 'the IPC'), wherein it was alleged that the complainant is doing the work of agriculture. It was stated that the Delhi government had invited the applications forDDA flat in Rohini (Delhi); wherein, the applicant-complainant filled up the form No.0871413 through State Bank of India, after depositing of Rs.5,050/- on 15.09.2008. As per the complaint, after three months of depositing the form, draw was declared by the DDA and the complainant received a telephonic message from the respondent No.2-accused that he is an employee of DDA department. It is alleged that respondent No.2-accused informed the complainant that he was successful in the draw of DDA and a flat of DDA is declared in the name of the complainant. It is alleged that respondent No.2-accused directed the complainant to deposit a sum of Rs.21,450/- without any delay in Account no.01541500798 of ICICI Bank, otherwise his flat will be cancelled. As per the complainant, he deposited Rs.21,450/- on 17.12.2008 in the afore-said bank account and upon inquiring, the respondent No.2-accused is alleged to have told the applicant-complainant that his flat No.GH-1 (3rd floor), Sector 28, Rohini (Delhi) has been declared in the name of the complainant. As per the complainant, respondent No.2-accused came at Hisar and demanded a sum of Rs.1,50,150/- as an instalment. As per the complaint, after few days, the complainant along with his relative Raj Kumar went to Delhi then it was found that the above noted flat belongs to some other persons; whereupon, the complainant inquired into the matter from DDA department (Delhi) and he found that respondent No.2-accused had made a fool of the complainant and grabbed his amount and thus, committed fraud. It is stated in the complaint that the complainant visited the house of respondent No.2- accused on several occasions for collecting the amount and also made the telephonic calls. However, respondent No.2-accused did not pay the above-said amount to the complainant.It is alleged that on 04.12.2011, the applicant-complainant visited Delhi and demanded the amount; however, respondent No.2-accused gave abuses and threats to the complainant that in case, he demanded the amount or disclosed anything to anyone, then he would be killed. It is submitted that the complainant moved an application to Police Station Rohini(Delhi) for taking action against respondent No.2- accused but they did not pay any heed to it. It was further alleged that on 13.12.2011 at about 7:00 p.m., when the complainant was eating food in his house then suddenly, the respondent No.2-accused along with two other persons came in a car along with hockey/sticks and started demolishing the articles lying in the house and further gave beatings to the complainant and children and said that he will teach a lesson for moving complaint against him; whereupon, the complainant cried "Mar Diya Mar Diya" then Lala sonof Bahadur, Sunil Kumar son of Lala residents of Sishwal came there and saved the complainant and his children from the accused persons and while leaving from there, they further gave threats to kill the complainant. It is stated that the complainant again moved an application to Police Station Adampur; however, no action was taken. Accordingly, the complaint was filed.

3. In the preliminary evidence, the ap