Livelihood right can't be exercised by duping others: Court

Delhi High Court
New Delhi, Sep 9: A Delhi court has sentenced a man to three years rigorous imprisonment for posing as a bank employee and cheating a person of Rs 3 lakh, saying that "the right to livelihood is a fundamental right but it cannot be exercised by duping other citizens".

Metropolitan Magistrate Pawan Singh Rajawat sentenced habitual offender Deepak Maingi for three years rigorous jail term for the offence of cheating and dishonestly inducing delivery of property under section 420 of IPC. Holding that the act of Maingi resulted not only in mental agony to the complainant but also caused huge financial loss, the court directed him to pay compensation of Rs 3.5 lakh to the victim.

"Compensation to be paid in 30 days. In default of payment of compensation, physical assets of the convict are liable to be confiscated and to be auctioned for realization of the compensation amount," the court said. Refusing to take a lenient view and grant bail, the court said that Maingi was a repeat offender and had been found guilty in number of other similar cases.

"Keeping in view the nature and gravity of offence, there is every likelihood that if released on bail, the convict may commit similar offence," the court said while dismissing his bail plea.

On the crime committed by Maingi, the court said, "The modus operandi adopted by him is very unique as he induced innocent person for handing over the money on the pretext of depositing the same and then ran away." According to the prosecution, Maingi faked himself as a bank employee at State Bank of India branch at Tis Hazari Courts complex and offered to help in depositing Rs 3 lakh of complainant Pushpa Chaudhary and her father-in-law in the bank.

Chaudhary handed over her money to Maingi, who had assured her of an early deposit of the cash at the counter of the bank. However, after collecting the cash from them, he asked them to be seated till the time he processed their cash deposit but ran away from the spot. FIR in this regard was lodged by Chaudhary on August 28, 2012. In other similar cases, Maingi had cheated several people in areas of Darya Ganj and Nabi Karim here and was convicted for the offences.


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