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Accused in CC.133/1997 on the file of the Judicial First Class Magistrate Court-III, Palakkad is the revision petitioner herein.

2. The revision petitioner was charge sheeted by the Circle Inspector of Police, Hemambika Nagar police station of Palakkad district in Crime No.113/1996 of Malampuzha police station under section 420 of Indian Penal Code.

3. The case of the prosecution in nutshell was that on

03.01.1996, at about 11.a.m, the accused dishonestly induced CW1, to part with Rs.55,000/- on the promise that he will obtain a visa for him and obtained money and passport from him and he did not arrange the visa nor had he returned the passport nor the money and thereby he had committed the offence punishable under section 420 of the Indian Penal Code. After investigation, final report was filed and the case was taken on file as CC.133/1997 on the file of Judicial First Class Magistrate Court-III, Palakkad.

4. When the revision petitioner appeared before the court below, after hearing both sides, charge under section 420 of the Indian Penal Code was framed and the same was read over and explained to him and he pleaded not guilty. In order to prove the case of the