Bangalore District Court
State By K.P. Agrahara Police Station vs Ambaram on 23 March, 2016
IN THE COURT OF THE 44TH ADDL.CHIEF METROPOLITAN
MAGISTRATE, BENGALURU
Dated: This the 23rd day of March 2016
Presented By
Smt. Mala N.D., B.A.L., LL.B.,
44th ACMM, Bengaluru
C.C.No.11396/2013
Complainant : State by K.P. Agrahara Police station
(By Asst.Public Prosecutor)
-V/s-
Accused : Ambaram,
S/o Kode Narayan Sa,
Aged about 40 years,
R/at No.4/3, 4th Main,
9th Cross, Bhuvaneshwari Nagar,
K.P. Agrahara,
Bengaluru.
(By Sri.K. Elangovan, Advocate)
JUDGMENT
The PSI of K.P. Agrahara Police Station has filed charge sheet against the accused for the offences punishable U/s. 504, 506, 420 of IPC and Section 4 and 5 of Chit Funds Act, 1982. 2 C.C. No.11396/2013
2. The brief facts of the prosecution case are as follows:
It is alleged that, accused without having any valid license, on 12/01/2011 illegally started chit fund business at house No.4/3, situated at Bhuvaneshwari Nagar, 9th Cross, 4th Main, within the limits of K.P. Agrahara Police Station and got subscribed C.W. 1 to 6 and others on the false pretext that, he would give more profit on the chit fund amount invested by them and received Rs.3,000/- each for the chit fund scheme of Rs.1,20,000/-. As such, C.W. 1 Smt. Dhanalakshmi paid two chit fund amount of Rs.1,20,000/- and another chit fund scheme amount on bid. Thereafter, accused for the surety of the said chit fund amount obtained a cheque and lease agreement from C.W. 1. Later on, on 11/01/2013 at about 11 a.m. when C.W. 1 to 6 went near the house of accused and demanded to pay the chit fund amount by returning their documents and cheques which were given to the accused for the purpose of surety, by that time, accused abused them in 3 C.C. No.11396/2013 filthy language by giving life threat and thereby cheated C.W. 1 to 6 without repaying the chit fund amount. As such, being aggrieved by the conduct of accused, C.W. 1 has lodged the private complaint against the accused before this court. Based on the report filed by the I.O. this court has taken cognizance of the offence and registered the present case against the accused. Thereafter, I.O. has filed his final report after completion of investigation. 3. The accused is on bail and he is represented through his counsel.
4. The copies of the prosecution papers have been furnished to the accused as required under Sec.207 of Cr.P.C.
The cognizance of the offences punishable U/sec. 504, 506, 420 of IPC and Section 4 and 5 of Chit Funds Act, 1982 has been taken as per Sec.190 of Cr.P.C.
5. The charge is framed, contents of charge have been read over and explained to the accused in the language known 4 C.C. No.11396/2013 to him, he pleaded not guilty and claimed to be tried. Hence, the prosecution is called upon to prove its case.
6. The prosecution, in order to prove its case has cited as many as 11 witnesses, among them C.W. 1 to 6 are the subscribers of the aforesaid chit fund scheme. Inspite of giving sufficient opportunities by issuing summons, bailable and non- bailable warrant and even proclamation, none of the witnesses have been secured before this court. No satisfactory explanation has been offered. As such the evidence of C.W. 1 to 11 has been dropped by rejecting the prayer of learned Asst. Public Prosecutor. As there is no incriminating evidence against the accused persons, recording of accused statement U/s.313 of Cr.P.C has been dispensed with. Hence, the case is posted for arguments.
7. Heard both the side and perused the material evidence on record.
8. The following points would arise for my consideration: 5 C.C. No.11396/2013
1. Whether the prosecution proves beyond reasonable doubt that, accused without having any valid license, on 12/01/2011 illegally started chit fund business at house No.4/3, situated at Bhuvaneshwari Nagar, 9th Cross, 4th Main, within the limits of K.P. Agrahara Police Station and got subscribed C.W. 1 to 6 and others on the false pretext that, he would give more profit on the chit fund amount invested by them and received Rs.3,000/- each for the chit fund scheme of Rs.1,20,000/-, and C.W. 1 Smt. Dhanalakshmi paid two chit fund amount of Rs.1,20,000/- and another chit fund scheme amount on bid by pledging a cheque and lease agreement to the accused for the purpose of surety for the aforesaid chit amount and thereafter C.W. 1 to 6 on 11/01/2013 at about 11 a.m. went near the house of accused and demanded to pay their chit funds amount by returning the documents and cheque, accused refused to repay the chit fund amount and thereby committed an offence punishable U/s. 3 and 5 of Chit Fund Act and also Section 420 of IPC?
2. Whether the prosecution proves beyond reasonable doubt that, under the aforesaid circumstances, accused on 11/01/2013 at about 11 a.m. when C.W. 1 to 6 went near his house to demand repayment of chit fund amount by returning the documents and cheques which were received by him for the purpose of surety, accused abused them in filthy language so as to 6 C.C. No.11396/2013 breach public peace and thereby committed an offence punishable U/s.504 of IPC?
3. Whether the prosecution proves beyond reasonable doubt that, under the aforesaid circumstances, accused on 11/01/2013 at about 11 a.m. when C.W. 1 to 6 went near his house to demand repayment of chit fund amount by returning the documents and cheques which were received by him for the purpose of surety, accused picked up quarrel with them and gave the life threat and thereby committed an offence punishable U/s.506 of IPC?
4. What Order?
9. My findings on the above points are as follows:
Point No.1 : IN THE NEGATIVE
Point No.2 : IN THE NEGATIVE
Point No.3 : IN THE NEGATIVE
Point No.4 : As per final order for the following 7 C.C. No.11396/2013 REASONS
10.Points No.1 to 3: All these points involves similar set of facts and circumstances, hence, taken up together for common discussion.
11. This is a case which involves the money transaction said to have been invested under the accused in chit fund scheme by C.W. 1 to 6. It is the case of C.W. 1 that, they were cheated by the accused without repaying their investment for chit fund. In order to substantiate the contents of the complaint, none of the witnesses have appeared before this court. It is to be observed that, this is a private complaint filed by the complainant. Based on this private complaint this court has ordered for investigation under Section 156(3) of Cr.P.C. Though, after registering the criminal case, it is the duty of the prosecution to secure the witnesses, at the same time, even the complainant is equally responsible to appear before this court in order to substantiate her contentions narrated in the 8 C.C. No.11396/2013 complaint and also to put forth her grievance before this court. It is to be observed that, this court has framed charge on 05/08/2014, whereas, till this date none of the witnesses have been secured. It can be noticed from previous order sheet that C.W. 1 to 6 who are the subscribers of so called chit fund scheme have been duly served with court summons. Even this court has issued bailable warrants of Rs.500/- on many occasions to C.W. 1 to 5. Despite the same, none of the witnesses have made any efforts to appear before this court. Under these circumstances, this court had no other option to drop the witnesses as the accused is the only one person who is rushing to the court since from the date of registration of the criminal case against him. Therefore, the charges leveled against accused remained unproved. As such, due to lack of material evidence, the prosecution has failed to prove its case beyond all reasonable doubt with cogent, convincing and 9 C.C. No.11396/2013 corroborative evidence. Therefore, above points No.1 to 3 are answered in the Negative.
12.Point No.4: In view of the negative findings on the above points No.1 to 3, I proceed to pass the following ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s. 504, 506, 420 of IPC and Section 4 and 5 of Chit Funds Act, 1982.
The bail & bail bond of the accused and surety shall stands cancelled.
(Dictated to the Stenographer through computer and after corrections made by me and then pronounced by me in the Open Court on this the 23rd day of March 2016).
(Mala N.D) XLIV Addl.C.M.M., B'lore.
10 C.C. No.11396/2013ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION:-
NIL
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION:-
NIL
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE NIL
4. LIST OF THE METERIAL OBJECTS MARKED FOR THE PROSECUTION NIL (Mala N.D) XLIV Addl.C.M.M., B'lore.
11 C.C. No.11396/2013(Judgment pronounced in the Open Court vide separate) ORDER Acting U/s.248(1) of Cr.P.C., the accused is found not guilty and acquitted of the offences punishable U/s. 504, 506, 420 of IPC and Section 4 and 5 of Chit Funds Act, 1982.
The bail & bail bond of the accused and surety shall stands cancelled.
(Mala N.D) XLIV Addl.C.M.M., B'lore.