HON'BLE SRI JUSTICE K.C.BHANU WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND NINE CRL.R.C.NO : 9 of 2003 Between: Karri Venkataramana ..... ACCUSED AND State of AP, rep. by the Public Prosecutor, High Court of AP, Hyderabad. .....RESPONDENTS HONOURABLE SRI JUSTICE K.C.BHANU CRL.R.C.No.9 of 2003 ORDER: This Criminal Revision Case, filed under Sections 397 and 401 Cr.P.C., is directed against the judgment dated 13-03-2001, passed in Crl.A.No.44 of 1998, on the file of the IV Additional Sessions Judge, Visakhapatnam, whereunder and whereby, the conviction of the accused for the offences punishable under Sections 468 and 420 IPC and sentence of simple imprisonment for two years and also to pay a fine of Rs.500/-, in default to under go simple imprisonment for one month, for each of the offences, as imposed by the judgment dated 10- 03-1998 in C.C.No.442 of 1995, on the file of the V Metropolitan Magistrate, Visakhapatnam, were confirmed. 2. The brief facts that are necessary for disposal of the revision may be stated as follows: The accused was working as a sub-contractor in the Visakhapatnam Steel Plant. P.Ws.1 and 2 were searching for job in the steel plant. During that time, P.W.2 met the accused and introduced P.W1 and P.Ws.3 to 11 to the accused. The petitioenr assured them that he would provide employment in the said Steel plant. Believing the words of the accused, each of them paid Rs.15,000/- each to him. The accused gave forged appointment orders to various persons. Based on the report given by P.W.1, the police registered a case against the accused and investigated into the same. During the course of investigation, it came to light that the appointment orders and gate passes issued by the accused are all forged ones and that the accused was the habitual offender. The accused was in the habit of issuing false appointment orders to the unemployed youth with an intention to extract money from them. After completion of investigation, the police laid the charge sheet against the accused. 3. When the charges under Sections 468 and 420 IPC were framed, read over and explained to the accused in Telugu, he pleaded not guilty and claimed to be tried. 4. To substantiate the charges, the prosecution examined P.Ws.1 to 8 and marked Exs.P-1 to P-12. No evidence either oral or documentary was adduced on behalf of the accused. 5. The trial Court, after considering the evidence on record came to the conclusion that the prosecution has proved its case against the accused beyond all reasonable doubt, for the offences punishable under Sections 468 and 420 IPC and accordingly, convicted and sentenced him as above. On appeal, the said conviction and sentence were confirmed by the appellate Court. Hence, the present Criminal Revision Case. 6. Now the point for determination is whether the judgment of the trial Court is correct, legal and proper and whether prosecution proved its case beyond all reasonable doubt against the accused. 7. In spite of giving several opportunities, none appears for the accused. Heard the learned Additional Public prosecutor appearing for the State. 8. It is the contention of the learned counsel representing the learned Public Prosecutor that the evidence of P.Ws.1 to 3 is very clear that believing the words of accused, they paid certain amounts; that from the evidence of P.Ws.5, 6 and P-7, it is also clear that the documents Exs.P-1, P-2, P-4 to P-8 and P-11 were fabricated by the accused; that the concurrent findings of the both the courts below need not be interfered with and that none of the findings is shown to be illegal and incorrect, and therefore, she prays to dismiss the revision. 9. The Revisional powers of this Court under Sections 397 and 401 Cr.P.C. are truncated. Unless the findings are illegal or incorrect or improper, normally, this Court will not interfere with the same. 10. Section 420 I.P.C. deals with the offence of cheating. The necessary ingredients to constitute the offence of cheating as defined under Section 415 I.P.C. are as follows: a) A Person deceives any person: b) He fraudulently or dishonestly induces the person so deceived- (i) to deliver any property to any person, or (ii) to consent that any person shall retain any property, or c) He intentionally induces the person so deceived to do or omit anything which he would not do or omit if not deceived and which act etc. causes or is likely to cause damage or harm to that person. 11. The accused assured the unemployed youth viz., P.Ws.1 to 11 and persuaded them that he would provide job in the Visakhapatnam Steel Plant and collected Rs.15,000/- from each of them. The accused also issued fake appointment orders to P.Ws.1 to 3 and some others. He induced all the material prosecution witnesses to pay some amount with a false promise of giving employment. The accused assured the prosecution witnesses and collected huge amounts from them, stating that he knew the General Manager of the Steel Plant who had given employment to 50 persons and that there were 100 vacancies of Attenders and Kalasies in the steel plant. After receipt of certain amounts from the prosecution witnesses, on 12-03- 1993, the accused gave fake appointment orders and also gate passes, which are marked as Exs.P-1 and P-2, respectively, and on the same day, P.W.1’s name was exhibited in the notice board of the steel plant hospital as a selected candidate for the post of Attender. When he went to the concerned official to join duty, he was informed that Exs.P-1 and P-2 were not issued by the steel plant authorities. The evidence of P.W.3 would go to show that he paid an amount of Rs.7,500/- to the accused and the accused gave Ex.P-6 appointment order and Ex.P-7, identity card and Ex.P-8 attendance card. Therefore, the evidence of these three witnesses would clearly go to show that they were induced by the accused to pay certain amounts for the purpose of providing jobs in the steel plant and the accused issued fake appointment orders, thereby the accused cheated P.Ws.1 to 3. 12. There was fraudulent and dishonest intention on the part of the accused in receiving the amounts and giving fake appointment orders. The accused not only collected money from the prosecution witnesses but also created forged documents and handed over the same to them. The evidence of P.Ws.1 to 3 would clearly go to show that Exs.P-1, P-2, P-4 to P-8 and P-11 are forged documents and that the same were not issued by the steel plant authorities. The accused was already convicted in several cases and sentenced to imprisonment. After elaborate consideration of record, both the Courts below rightly found the accused guilty. 13. None of the findings recorded by the Courts below is shown to be illegal or incorrect. Hence, the order under impugned does not suffer from any legal infirmities. Therefore, the Criminal Revision Case is liable to be dismissed. 14. In the result, the Criminal Revision Case is dismissed confirming the conviction and sentence as imposed by the trial Court and as confirmed by the appellate Court dated 13-03-2001 in Crl.A.No.44 of 1998. ____________________ 11th November, 2009 kvr