Bangalore District Court
The State Of Karnataka Through vs Abhi @ Abhishek on 6 March, 2020
1
IN THE COURT OF XXIV ADDL. CHIEF
METROPOLITAN MAGISTRATE, BENGALURU
DATED THIS THE 6th DAY OF MARCH 2020
C.C.No.14108/17
Present: SRI. BALAGOPALAKRISHNA.
XXIV ADDL. C.M.M., BENGALURU.
COMPLAINANT : The State of Karnataka through
Yeshwanthapura Police Station
(State by Sr. A.P.P.)
V/s.
Accused 1. Abhi @ Abhishek,
c/o.Loganathan,R/at.No.149, 5th cross, Magadi
road, Bangalore.
2. Loganathan, R/at.No.149, 5th cross, Magadi
road, Bangalore.
DATE OF COMMENCEMENT OF :
OFFENCE
DATE OF ARREST OF THE : Accused No.1 and 2 are on bail.
ACCUSED
OFFENCES ALLEGED : U/s.420 r/w.34 of IPC and
Sec.76 of Chit Fund Act
DATE OF COMMENCEMENT OF : 09/07/19
EVIDENCE
2
DATE OF CLOSING OF : 26/02/20
EVIDENCE
OPINION OF THE JUDGE : Accused No.1 and 2 found not
guilty
(Balagopalakrishna.)
XXIV A.C.M.M., BENGALURU.
JUDGMENT
The PSI of Yeshwanthapura Police Station has filed charge sheet against accused for the offence punishable U/s.420 r/w.34 of IPC and sec.76 of Chit Fund Act.
2. The case of the prosecution in brief is as under:
It is the case of the prosecution that, accused NO.1 and 2 having common intention and in furtherance of the same without obtaining proper permission from the competent authority they were running a chit business at Krishna Chats Food Court, J.P.Park, Yeshwanthapura. It is further alleged that the accused NO.1 and 2 were started to collect an amount from Street vendors and also publics and repaid the chit amount to some public. It is further alleged that CW 1 and 4 being a chit members, they were the members for the chits of Rs.1 lakh and Rs.25000/ and CW 1 and 4 paid the entire chit instalment on 20/12/14, but, accused failed to pay Rs.1,50,000/ and deceived the CW 1 and 4 and thereby accused has committed an offences punishable U/s.420 r/w.34 of IPC and sec.76 of Chit Fund Act. 3
3. In pursuance of the complaint given by the complainant by name Sri.Jagadish Naik, the Police have registered crime in Cr.No.104/18 for the offence punishable U/s.420 r/w.34 of IPC and sec.76 of Chit Fund Act. After conclusion of the investigation, the Investigating Officer has filed charge sheet against the accused for the said offences.
4. This court has taken cognizance for the offence punishable U/s. 420 r/w.34 of IPC and sec.76 of Chit Fund Act and issued summons to the accused and accused are on bail.
5. The copy of the charge sheet and other material documents has been supplied to the accused as required U/s. 207 of Cr.P.C.
6. Heard before framing charge and charge was framed for the offence punishable U/s.420 r/w.34 of IPC and sec.76 of Chit Fund Act and read over and explained to the accused in the language known to them. Accused pleaded not guilty and claimed for trial.
7. In order to prove the case of the prosecution, the prosecution has got examined PW.1 to 5 and got marked Ex.P.1 to Ex.P.6 and closed their side.
8. Statement of the accused as required U/s.313 of Cr.P.C. is recorded. The accused has denied the incriminating evidence found in 4 the evidence of prosecution as false. No defense evidence on the side of the Accused.
9. Heard both side.
10. The following point arises for my consideration:
1) Whether prosecution proves beyond reasonable doubt that, accused NO.1 and 2 having common intention and in furtherance of the same without obtaining proper permission from the competent authority they were running a chit business at Krishna Chats Food Court, J.P.Park, Yeshwanthapura. It is further alleged that the accused NO.1 and 2 were started to collect an amount from Street vendors and also publics and repaid the chit amount to some public. It is further alleged that CW 1 and 4 being a chit members, they were the members for the chits of Rs.1 lakh and Rs.25000/ and CW 1 and 4 paid the entire chit instalment on 20/12/14, but, accused failed to pay Rs.1,50,000/ and deceived the CW 1 and 4 and thereby accused has committed an offences punishable U/s.420 r/w.34 of IPC and sec.76 of Chit Fund Act ?
2) What order?
11. My answer to the above points is as under;
Point No.1 In the Negative.
Point No.2As per final order for the following;
REASONS 5
12. POINT NO.1 :
The prosecution in order to prove the guilt against the accused, the complainant himself examined as PW 1, he has given his evidence on par with the avernments made in the complaint. He further deposed that he was a member of two chits of Rs.1 lakhs and 2 chits of Rs.50,000/ and accordingly he was paying Rs.15000/ per month, likewise, CW 2 to 6 were also members of a different chits, after finishing the chit, the accused were paid amount to CW 2, 3, 5 and 6, but not to him and to CW 4, inspite of it, the accused were not paid the amount and deceived him. He further deposed that when he has demanded for money, accused threatened to take away his life and in this regard, he has given complaint to the police which is marked at Ex.P.1, signature at Ex.P.1(a) and also deposed that on 1/3/16 police were visited the spot and drawn the mahazar which is marked at Ex.P.2, signature at Ex.P.2(a) and printouts of messages sent to him and CW 4 through the mobile of accused is got marked at Ex.P.3 and signature at Ex.P.3(a).
In the cross examination witness has admitted that he has not produced any document to show the transaction among himself and the accused and also admitted that the accused in respect of the money matters, they were not threatened him in any manner and stated that since there was a misunderstanding among himself and accused, he has given complaint and claimed his ignorance about the contents of Ex.P.1. He further admitted that he has put his signature in the Police 6 Station and it is elicited that he and accused were compromised the matter by taking Rs.55000/.
13. PW 2 has given evidence on par with the evidence of PW 1 and also deposed that he was a member of Rs.1,00,000/ chit with the accused, after completion of the chit, the accused paid the amount, but not to the CW 1 and in this regard, he has given complaint and he has also given statement to the police. In the cross examination very same suggestion made to the PW 1 is suggested , same is admitted by the witness.
14. PW 3 to 5 are also the chit members as per the prosecution case, in their examination in chief itself they turned hostile to the case of the prosecution stating that they were not the members of the chit business running by the accused and in this regard, the police were not enquired them and they have not given any statements. At request of learned senior APP these witnesses have been treated as hostile witnesses and permission was accorded to cross examine them. In the cross examination the learned Sr.APP has suggested the case of the prosecution and same is denied by the witnesses and also denied that they have given statement to the police as per Ex.P.4 to Ex.P.6.
15. On the basis of the said evidence of prosecution, can court come to the conclusion that the accused persons were running chit business without obtaining previous sanction from the competent authority and collected money from the public and after completion of 7 the chit without paying the amount to the public, they have deceived. In this regard, evidence of PW 1 and 2 is plays an important role, though they have supported the case of the prosecution in the examination in chief, in the cross examination they were turned hostile and it is elicited that they were compromised the matter. PW 3 to 5 who are also the chit members, they were totally turned hostile to the case of the prosecution stating that they were not the chit members in the chit run by accused NO.1 and 2 and they were not deceived them in any manner. On the basis of the evidence of PW 1 to 5, the court cannot come to the conclusion that the accused persons were running chit business and after finishing chit, they were failed to pay the amount to the chit members. No doubt the prosecution has produced Ex.P.3, there is a some mention about chit i.e., 14 chit, 15 chit, 16 chit, 17 chit and 18 chit, in this regard, the Investigating officer has not stated from whose mobile this Ex.P.3 has been taken and same is not complied with Sec.65(B) of the Indian Evidence Act. Furthermore, to prove the contents of the Ex.P.3, the prosecution has to examine the Investigating officer about the information etc., but, he has not been examined and his evidence was dropped. Hence, the prosecution has utterly failed to prove the guilt against the accused beyond all reasonable doubt. Hence, in my opinion it is a fit case to extend benefit of doubt to the accused. Accordingly point under reference answered in the Negative.
16. POINT NO.2 :
8 For the aforesaid reason and discussion, I proceed to pass the following:
ORDER Acting under section 248(1) of Cr.P.C. Accused No.1 and 2 are hereby acquitted for the offence punishable U/s.420 r/w.34 IPC and Sec.76 of Chit Fund Act. They are set at liberty.
The bail bond executed by the accused stands cancelled. However, Accused shall execute personal bond of Rs.1,00,000/ each by undertaking to appear before the appellate Court, if any appeal is filed. It is not a fit case to award victim compensation as provided U/s.357(1) of Cr.P.C.
(Dictated to the stenographer, script transcribed by her and then corrected directly on computer and then pronounced by me in open court on this the 6th of March 2020).
(Balagopalakrishna) XXIV A.C.M.M., BENGALURU.
ANNEXURE Witnesses examined for the Prosecution:
PW1 : Jagadish Nayak PW2 : Kuber PW3 : Anand Nayak PW4 : Anil Kumar PW5 : Suresh 9 Documents marked for the Prosecution: Ex.P1 : Complaint Ex.P1(a) : Signature Ex.P.2 : Spot mahazar Ex.P2(a) : Signature Ex.P.3 : Message details Ex.P.4 : Statement of PW 3 Ex.P.5 : Statement of PW 4 Ex.P.6 : Statement of PW 5
Materials marked for the Prosecution: NIL Witnesses examined for the accused: NIL Documents marked for the accused: NIL (Balagopalakrishna) XXIV A.C.M.M., BENGALURU.