Bangalore District Court
K N Prahalad Rao vs Pradeep Kumar on 6 December, 2025
1
C.C.No.24127/2015
KABC030669762015
Presented on : 06-10-2015
Registered on : 06-10-2015
Decided on : 06-12-2025
Duration : 10 years, 2 months, 0 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 6th DAY OF DECEMBER, 2025
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.24127/2015
State by Karnataka High Grounds Police Station,
Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri. Pradeep Kumar.R
S/o Late.B.Ravikumar,
Aged about 27 years,
R/at No.248/2, Srinivasa Layout,
Indlabele Road, Sarjapura Road,
Attibele, Bengaluru.
2. Sri.Girish (Split up)
S/o Late Shanmugam,
2
C.C.No.24127/2015
Aged about 28 years,
R/at No.346, 7th Main Road,
Near Kariyamma Temple,
Somasandrapalya,
HSR Layout,
Bengaluru City-102.
(Reptd., by Sri.A.B.N, Advocate)
Name of the Sri.K.N.Prahlad Rao
Complainant : S/o Narasimha Murthy Rao,
Aged about 60 years,
R/at No.23/2, Harekrishna Road,
Shivananda Circle,
Bengaluru.
Date of offence 01.04.2013 to 30.06.2013
Date of offence reported 09.11.2013
Date of Commence of 30.09.2019
Evidence
Date of Closure of 03.07.2025
Evidence
Offence Committed Under Section 408 and 420 read with
section 34 of IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
Accused by By Sri.R.R., Advocate
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
3
C.C.No.24127/2015
JUDGMENT
The PSI of High Grounds Police Station submitted charge sheet against the accused persons for the offences punishable under sections 408 and 420 read with section 34 of IPC.
2. The brief facts of the prosecution case is as follows:-
The case of the prosecution is that the accused was working as a Tour Executive in the CW-1 company namely Excelsior Travels Private Limited situated at No.23/2, Hare Krishna Road, Bengaluru. Thereafter, the accused person working at No.123, 1st Floor, Raheja Arcade, Koramangala and the accused being entrusted the work in respect of sale of domestic and international air tickets and collect the amount through cheque, DD and Cash and pay to the company account. The accused had been instructed not to issue tickets without collecting the ticket fare. But the accused No.1 from April 2013 to 8th May 2013 issued number of international and domestic air tickets to accused No.2 worth of Rs.7,45,186/- did not collect the amount from him and deposit it to the company. Even though repeated requests were made to the accused No.1 to collect payments and credit the company account but the 4 C.C.No.24127/2015 accused failed to do the same and stopped to attending the work from June 2013 and switched off his mobile and thereby the accused persons have committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PSI of High Grounds Police Station has filed the charge sheet against the accused persons for the offences punishable under sections 408 and 420 read with section 34 of IPC.
3. Thereafter, the complainant has lodged the complaint in High Grounds Police station. In turn they have registered the case under Crime No.0322/2013. Thereafter, police visited the spot, drew the mahazar, secured in the presence of the accused persons subsequently were enlarged on bail. Thereafter, on completion of the investigation, I.O. has submitted the charge sheet against the accused persons for the above said offences. After filing the charge sheet, Court has taken cognizance of the offences against the accused persons and issued summons to them.
4. The accused persons have appeared before the court through their counsel. Copy of the prosecution papers were 5 C.C.No.24127/2015 furnished under Section 207 of Code of Criminal procedure. The accused No.2 is split up. Thereafter, heard both side, the charges framed against the accused No.1 for the offence punishable under sections 408 and 420 read with section 34 of IPC. Read over and explained to the accused No.1 was pleaded not guilty and claimed to be tried.
5. To substantiate the case of the prosecution, the prosecution has examined the four witnesses as PW-1 and got marked forty documents as Ex.P-1 to Ex.P-40. The statement of the accused No.1 under Section 313 of Cr.P.C., is recorded. The accused person did not choose to lead defense evidence.
6. Heard the arguments from both side and perused the deposition and documents.
7. After hearing the parties and on perusal of records, the following points arose for my consideration.
1. Whether the prosecution proves beyond all reasonable doubt that the accused was working as a Tour Executive in the CW-1 company namely Excelsior Travels Private 6 C.C.No.24127/2015 Limited situated at No.23/2, Hare Krishna Road, Bengaluru. Thereafter, the accused No.1 working at No.123, 1st Floor, Raheja Arcade, Koramangala and the accused being entrusted the work in respect of sale of domestic and international air tickets and collect the amount through cheque, DD and Cash and credit to the company account.
The accused had been instructed not to issue tickets without collecting the ticket fare. But the accused No.1 has issued number of international and domestic air tickets from April 2013 to 8th May 2013 to accused No.2 worth of Rs.7,45,186/- and did not collect the amount from him and deposit it to the company. Even though repeated requests were made to the accused No.1 to collect the payments and credit the same to the company account but the accused No.1 failed to do the same and stopped to attending the work from June 7 C.C.No.24127/2015 2013 and switched off his mobile and thereby the accused persons have committed the criminal breach of trust and committed an offence punishable under sections 408 read with section 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused persons for the purpose of cheating the complainant company the accused No.1 has issued number of international and domestic air tickets to accused No.2 worth of Rs.7,45,186/- from April 2013 to 8th May 2013 and did not collect the amount from him deposit the same to the company. Even though repeated requests were made to the accused No.1 to collect payments and credit the same to the company account but the accused failed to do the same and stopped to attending the work from June 2013 and 8 C.C.No.24127/2015 switched off his mobile and thereby the accused persons have cheated the complainant company and committed an offence punishable under sections 420 read with section 34 of IPC?
3. What order?
8. Heard the arguments and perused the materials available on records.
9. My findings to the above points are as follows:
POINT No.1 : In the NEGATIVE.
POINT No.2 : In the NEGATIVE.
POINT No.3 : As per final order, for the
following:-
REASONS
10. Point Nos.1 and 2: These above points are inter- linked with each others and required similar type of appreciation of evidence, Hence, they are taken together for common discussion.
9
C.C.No.24127/2015
11. In support of its case, the prosecution has examined four witnesses, the PW-1 is the complainant. PW-2 and PW-3 are the Mahazar witness. PW-4 is the Head Constable. CW-4, CW-6 and CW-7 are the given up and got marked the documents as Ex.P-1 to Ex.P-40 i.e., Ex.P-1 is the Complaint, Ex.P-2 is the Spot Mahazar, Ex.P-3 is the Letter dated 09.11.2013, Ex.P-4 and 5 are the Copy of Register Wages, Ex.P- 6 to 8 are the copies of Register of Attendance and Fees , Ex.P-9 is the copy of Out stand statement of Excelsior Travels Pvt. Ltd., Ex.P-10 to 39 are the copies of Invoices and Ex.P-40 is the Submission report of PW-4.
12. The case of the prosecution is that the accused was working as a Tour Executive in the CW-1 company namely Excelsior Travels Private Limited situated at No.23/2, Hare Krishna Road, Bengaluru. Thereafter, the accused person working at No.123, 1st Floor, Raheja Arcade, Koramangala and the accused being entrusted the work in respect of sale of domestic and international air tickets and collect the amount through cheque, DD and Cash and pay to the company account. The accused had been instructed not to issue tickets 10 C.C.No.24127/2015 without collecting the ticket fare. But the accused No.1 from April 2013 to 8th May 2013 issued number of international and domestic air tickets to accused No.2 worth of Rs.7,45,186/- did not collect the amount from him and deposit it to the company. Even though repeated requests were made to the accused No.1 to collect payments and credit the company account but the accused failed to do the same and stopped to attending the work from June 2013 and switched off his mobile and thereby the accused persons have committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PSI of High Grounds Police Station has filed the charge sheet against the accused persons for the offences punishable under sections 408 and 420 read with section 34 of IPC.
13. To bring the home the guilt of accused persons the prosecution has to prove the ingredients of Under Section 408 of IPC.
Sec. 408 of I P C Reads as follows:
Section 408 : Criminal breach of trust by clerk or servant.- Whoever, being a clerk or servant or employed as 11 C.C.No.24127/2015 a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. Essential ingredients:- an offence under this section has following essential ingredients ;
1. Accused was a clerk or servant.
2. Accused was entrusted with certain property or he had dominion over certain property which was not his own.
3. He committed criminal breach of trust for the said property.
14. To bring the home the guilt of accused persons the prosecution has to prove the ingredients of Under Section 420 of IPC.
Sec. 420 of I P C Reads as follows:
Section 420 : Cheating and dishonestly inducing delivery of property;- Whoever cheats and thereby dishonestly induces the person deceived to deliver any 12 C.C.No.24127/2015 property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
1. Essential ingredients are as follows;
1. Accused cheated the complainant.
2. Accused did so dishonestly.
3. Thereby induced the complainant:
(i) to deliver some property to accused or to some other person.
(ii) to make, alter or destroy the whole or any part of the valuable security or anything which was signed, sealed, and which was capable of being converted into valuable security.
2. One of the ingredients of cheating as defined in Section 415 of the Indian Penal Code is existence of an intention of making initial promise or existence thereof from the very beginning of formation of contract. S.V.L. Murthy v. State Rep. By CBI, Hyderabad, 2009 (4) Supreme 399 : 2009 (7) JT 13 C.C.No.24127/2015 385 : (2009) 6 SCC 77 : (2009) 2 SCC (Crl) 941 : AIR 2009 SC 2717.
3. To constitute an offence under section 420, there should not only be cheating, but as a consequence of such cheating, the accused should have dishonestly include the person deceived (I) to delivery any property to any person, or (ii) to make, alter or destroy wholly or in part a valuable security (or anything signed or sealed and which is capable of being covered into a valuable security). Md. Ibrahim v/s. State of Bihar, 2009 (6) Supreme 470 : 2009 (11) JT 533 : 2009 (4) Crimes 13 : (2009) 3 SCC (Crl) 929.
15. On 30.09.2019 the PW-1 deposed in his chief examination and got marked the documents as per Ex.P-1 to Ex.P-3 and posted for the further chief of PW-1 on 20.11.2019, On 20.11.2019 the PW-1 in his further chief examination got marked the documents as per Ex.P-4 to Ex.P-39(a) and posted the matter for further chief on 09.01.2020. On 09.01.2020 the matter posted for further chief on 20.02.2020. On 20.02.2020 the Hon'ble Presiding Officer is on leave. Hence case adjourned to dated 21.05.2020. Thereafter, due to lock down case 14 C.C.No.24127/2015 adjourned to 20.11.2020. The PW-1 expired on 24.12.2020 as per death certificate and the PW-1 dropped as per the order sheet dated 17.03.2023.
16. PW-2 is the Mahazar witness who has deposed in his chief examination that he has been working as Travel Consultant in Excelsior Travel Pvt. Ltd., for the last 20 years, the accused No.1 is familiar to him, he used to work in their company, he do not know the accused No.2 namely Sri.Girish. The accused No.1 was working as a Travel Consultant, his job was to book air tickets, hotels on behalf of their company, he collected the money from the consumers and deposited in their companies account. The accused No.1 was initially working in the head office in Shivananda Circle, later he was transferred to the Koramangala Branch. He further deposed that the amount of Rs.7,45,186/- received for air tickets for the month of April, May and June 2013 had not been received by their company, it had not been received when ever Manager namely Prahalad Rao checked. He further deposed that the Manager told him that when he called the accused No.1 he did not answered the phone, he told him that the case had been filed against him for 15 C.C.No.24127/2015 that reason, after filing the case the Police came to Koramangala office. He further deposed that they inspected the place and obtained his signature, his signature is in the document that is being seen now. The mahazar already marked as Ex.P-2 and signature is marked as Ex.P2(d).
17. During the course of cross examination by the accused No.1 counsel PW-2 deposed that what the accused was doing, what work was assigned to him, it means that since the witness and the accused were doing the same job, Sri.K.N.Prahlada Rao did not given him any document stating that work was assigned to the accused, he further deposed that he is still working in the same company. Therefore, it is true that he is testifying as witness in support of the case and he has that obligation. It is not correct that the accused was not doing any money transaction in their company, it was not his job to receive any money. He further deposed that he has given the document to the Police about the what he is doing he had not gone before the Police. It is not correct to say that I have not given any statement, he has not read the Ex.P-2 spot mahazar, He do not remember the day the Police took a 16 C.C.No.24127/2015 statement, it is not correct to say that he did not given any statement to the Police on that day, after that he had not gone before the Police. It is not correct to say that the accused is not received any money from any one in the name of company.
18. PW-3 is the Mahazar witness who has deposed in his chief examination that he knew the CW-1, 2, 4. He knew the accused No.1. He further deposed that he worked as an Accountant in Excelsior Travel Private Limited in the year 2013, similarly the accused No.1 used to book VISA and Passport in our Excelsior Travels Private Limited and distribute them to the customer. The accused No.1 had given ticket to the accused No.2 he had distribute the air tickets worth of Rs.7,50,000/- in the year 2013 but the accused No.2 did not pay the money to the accused No.1 so the accused No.1 did not pay to out company, the accused No.1 used to say that the money was not paid to him from the accused No.2 and this mater is also know when check the accounts once in a week but the accused did not pay any money to the company every time, he asked the accused No.1 left the company. In this regard the company has filed complaint against the accused persons. The witness 17 C.C.No.24127/2015 identified his signature in the Ex.P-2 and his signature is marked as Ex.P-2(c). He further deposed that he put the signature in the year 2013 at Koramangala Branch Office. When he put the signature to the Ex.P-2 at the time the CW-1 and 2 are present.
19. During the course of cross examination by the learned APP ,the PW-3 deposed that, during the audit of their company their Manager questioned the accused No.1 about the fact that the accused company had sold tickets worth of Rs.7,45,186/- from April 2013 to 08.05.2013 and had deposited it in the companies bank account. He admitted that the accused No.1 had sold the tickets to the accused No.2 of company at travels located in Banashankari BDA Complex. He had not come to the work since June 2013 and switched off his phone. He admitted that on 26.11.2013 the Police received his statement.
20. During the course of cross examination by the learned counsel for the accused No.1. The PW-3 deposed that he has not provide any document of his working as an Accountant in the Excelsior Travels Company as he was 18 C.C.No.24127/2015 working in the said company from 2005 to 2021. The accused No.1 worked in the said company from 2011 to 2013 he did not know exactly how many air tickets the accused No.1 sold to the accused No.2 by name Sri.Girish. The said Excelsior Travels Limited employed around 15 to 20 people. He was not doing the audit of their company. The CW-1 was doing it. The accused No.1 did not cheat the company without depositing the money which means that the witness as stated that the accused No.2 by name Girish cheated us without depositing the money. He further deposed that the Ex.P-2 the Mahazar was made between the 3.30 pm to 4.30 pm. He cannot say who did written Ex.P-2 Mahazar. He cannot say that the schedule of the mahazar. He admitted that the accused No.1 did not commit fraud without paying money but the accused No.2 namely Girish committed fraud without paying money.
21. PW-4 is the Head Constable, who has deposed in his chief examination that on 26.11.2013 the PSI appointed himself and the CW-6 for trace out the accused person with regard to this case. Accordingly when they searched for the accused on Sarjapur Road they could not found the accused, when they 19 C.C.No.24127/2015 inquired about his house, his family told them that the accused was working in the Banashankari BDA Complex. When they went to there at 2.00 pm some one find out the accused and identified by me as a Sri.Pradeep Kumar and father name Sri.Ravi Kumar. So they confirm that he was the accused in this case and took into the custody they produced before the PSI at the station at 4.00 pm and given the report. The witness identified report marked as Ex.P-40 and his signature is marked as Ex.P-40(a).
22. PW-4 deposed in his cross examination that the PSI has given oral order to find out the accused. He himself and CW-6 had gone to their own vehicle to find out the accused that on 26.11.2013 it was 09.30 am when they left the Police station it was around 11.30 am when they went near the house of the accused, there was a women at the accused house when they questioned her she said that she was not at the accused house but at the Banashankari BDA Complex. He did not remember the name of the shop in front of the BDA Complex, Banashankari. He admitted that so many people were present in front of the said complex. He denied he suggestion that day 20 C.C.No.24127/2015 the accused was in in front of the BDA complex and they did not catch him similarly he denied the suggestion that not produced the accused before the PSI and not submit any report.
23. In the instant case the matter posted for further chief examination of PW-1 at that time PW-1 dead hence,pw1 was abated. Accordingly, the evidence of PW-1 dropped. PW-2 deposed in his cross examination that, He do not remember the day the Police took a statement, it is not correct to say that he did not given any statement to the Police on that day, after that he had not gone before the Police. PW-3 deposed in his cross examination that ,He cannot say that the schedule of the mahazar. He admitted that the accused No.1 did not commit fraud without paying money but the accused No.2 namely Girish committed fraud without paying money, PW-4 deposed in his cross examination that, He did not remember the name of the shop in front of the BDA Complex, Banashankari. He admitted that so many people were present in front of the said complex.
24 In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the 21 C.C.No.24127/2015 accused No.1 under sections 408 and 420 read with section 34 of IPC. When these being the facts, I am of the opinion that in total the prosecution has failed to bring home the guilt of the accused persons beyond all reasonable doubt. In view of the same, this court hold Point Nos.1 and 2 in the Negative.
25. Point No.3: For the reasons stated and finding given to Point Nos.1 and 2 the following is made.
ORDER The accused No.1 is not found guilty for the offences punishable under section 408 and 420 read with section 34 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 is hereby acquitted for the offences punishable under section 408 and 420 read with section 34 of IPC.
The bail bond and surety bond executed by him stand canceled.
(Directly dictated to the stenographer on computer, typed by him, revised, corrected and then pronounced by me in the open Court on this the 6th day of December, 2025).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
22
C.C.No.24127/2015 ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.K.N.Prahlad Rao S/o Narasimhamurthy Rao;(Dropped) PW-2 : Sri.Ramesh S/o Sttana Pillai. PW-3 : Sri.Satish S/o R.Krishnappa.
PW-4 : Sri.Ravish Y.N. S/o Nagaraj.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1: Complaint dated 05.11.2013; Ex.P-1(a): Signature of PW-1;
Ex.P-2 : Spot Mahazar;
Ex.P-2(a) : Signature of PW-1 ;
Ex.P-2(b) :Signature of PW-2;
Ex.P-2(c) : Signature of PW-3;
Ex.P-3: Letter dated 09.11.2013;
Ex.P-3(a) ; Signature of PW-1;
Ex.P-4: Copy of Register Wages Ex.P-4(a): Signature of PW-1;
Ex.P-4(b): Part of copy of Register Wages;
Ex.P-5: Copy of Register Wages;
Ex.P-5(a) Signature of PW-1;
Ex.P-5(b) Part of copy of Register Wages; Ex.P-6: Copy of Register of Attendance and Fees; Ex.P-6(a) Signature of PW-1;
Ex.P-6(b) Signature of accused;23
C.C.No.24127/2015 Ex.P-7: Copy of Register of Attendance and Fees; Ex.P-7(a) Signature of PW-1;
Ex.P-7(b) Signature of accused;
Ex.P-8: Copy of Register of Attendance and Fees; Ex.P-8(a) Signature of PW-1;
Ex.P-8(b) Signature of accused;
Ex.P-9: Copy of Out Standing Statement of Excelsion Travels Pvt. Ltd.,;
Ex.P-10 to 15, 17, 19, 21, 22, 24, 26 to 29, 31, 33, 35, 37:
Copy of Invoices;
Ex.P-10(a) : Signature of PW-1; Ex.P-10(b) : Signature of accused;
Ex.P-11: Invoice;
Ex.P-11(a) : Signature of PW-1; Ex.P-11(b) : Signature of accused; Ex.P-12: Invoice;
Ex.P-12(a) : Signature of PW-1; Ex.P-12(b) : Signature of accused; Ex.P-13: Invoice;
Ex.P-13(a) : Signature of PW-1; Ex.P-13(b) : Signature of accused; Ex.P-14: Invoice;
Ex.P-14(a) : Signature of PW-1; Ex.P-15: Credit Note;
Ex.P-15(a) : Signature of PW-1; Ex.P-15(b) : Signature of accused; Ex.P-16: Credit Note;24
C.C.No.24127/2015 Ex.P-16(a) : Signature of PW-1; Ex.P-17: Service Tax Charge; Ex.P-17(a) : Signature of PW-1; Ex.P-17(b) : Signature of accused; Ex.P-18: Supplement Note; Ex.P-18(a) : Signature of PW-1; Ex.P-19: Credit Note dated 13.04.2013; Ex.P-19(a) : Signature of PW-1; Ex.P-19(b) : Signature of accused; Ex.P-20: Supplement Note; Ex.P-20(a) : Signature of PW-1; Ex.P-21; Invoice;
Ex.P-21(a) : Signature of PW-1; Ex.P-21(b) : Signature of accused; Ex.P-22: Service Tax Invoice; Ex.P-22(a) : Signature of PW-1; Ex.P-22(b) : Signature of accused; Ex.P-23: Supplement Note; Ex.P-23(a) : Signature of PW-1; Ex.P-24: Service Tax Credit Note; Ex.P-24(a) : Signature of PW-1; Ex.P-24(b) : Signature of accused; Ex.P-25: Supplement Note; Ex.P-25(a) : Signature of PW-1; Ex.P-26: Invoice;
Ex.P-26(a) : Signature of PW-1; Ex.P-26(b) : Signature of accused;25
C.C.No.24127/2015 Ex.P-27: Credit Note;
Ex.P-27(a) : Signature of PW-1; Ex.P-27(b) : Signature of accused; Ex.P-28: Invoice;
Ex.P-28(a) : Signature of PW-1; Ex.P-28(b) : Signature of accused; Ex.P-29: Invoice;
Ex.P-29(a) : Signature of PW-1; Ex.P-29(b) : Signature of accused; Ex.P-30: Supplement Note; Ex.P-31: Invoice;
Ex.P-31(a) : Signature of PW-1; Ex.P-31(b) : Signature of accused; Ex.P-32: Supplement Note; Ex.P-33: Invoice;
Ex.P-33(a) : Signature of PW-1; Ex.P-33(b) : Signature of accused; Ex.P-34: Supplement Note; Ex.P-35: Invoice;
Ex.P-35(a) : Signature of PW-1; Ex.P-35(b) : Signature of accused; Ex.P-36: Supplement Note; Ex.P-37: Invoice;
Ex.P-37(a) : Signature of PW-1; Ex.P-37(b) : Signature of accused; Ex.P-38: Receipt;
Ex.P-39: Receipt;26
C.C.No.24127/2015 Ex.P-39(a) : Signature of PW-1; Ex.P-40: Submission Report of PW-4; Ex.P-40(a): Signature of PW-4.
4. List of documents exhibited for the defense:
- NIL -
5. List of Materials objects exhibited for the prosecution:
- NIL -
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.