Bangalore District Court
R T Nagar Police Station vs Nikil M on 25 October, 2024
1 C.C.No.3871/2023
KABC030061082023
Presented on : 07-02-2023
Registered on : 07-02-2023
Decided on : 25-10-2024
Duration : 1 years, 8 months, 18 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 25th DAY OF OCTOBER, 2024
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.3871/2023
State by R.T.Nagara Police Station, Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri.Nikil.M @ Nikhil.M
S/o Mohan,
Aged about 28 years,
R/at No.644, 3rd Cross,
3rd Stage, BML Layout,
Rajarajeshwarinagar,
Bengaluru.
2. Sri.Jonathan Thomos @ Jonathan
Thomos,
2 C.C.No.3871/2023
S/o Thomos,
Aged about 27 years,
No.37, 1st Main Road,
Ganganagar, RT Nagar,
Bengaluru City.
(Represented by sri KKM Advocate)
Name of the Sri. Mohamed Israr
Complainant :
Date of offence 01.01.2020 to 04.07.2022
Date of offence reported 04.07.2022
Date of Commence of 23.10.2024
Evidence
Date of Closure of 23.10.2024
Evidence
Offence Committed 406, 420, 465, 468, 471, 506, 201
read with section 34 of IPC.
Opinion of Judge Found not guilty
Complainant by Learned Senior Assistant Public
Prosecutor
Accused by By Sri KKM Adv,)
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
3 C.C.No.3871/2023
JUDGMENT
The PSI of RT Nagara Police Station submitted charge sheet against the accused persons for the offences punishable under sections 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
2. The brief facts of the prosecution case is as follows:-
It is the case of the prosecution is that the complainant is residing at No.26/5, 3rd Cross, Ganesha Block, Sulthanpalya, Bengaluru with PW-2. The accused No.2 was the friend of PW- 1 and his brother. The PW-1 and PW-2 knows the accused No.1 through accused No.2 in the year 2020. The accused No.1 and 2 joined together with common intention informed the PW- 1 and his brother they will provide Government job to them.
Reposing confidence upon them the accused No.1 and 2 received the total amount of Rs.10,95,200/- from them by way of cash and on line transfers on various dates. Thereafter the accused were created fraudulent documents i.e., recommendation letter for Government job, joining letter, NOC as like as genuine documents at cyber shop and forged the 4 C.C.No.3871/2023 signatures on the said documents and the said documents were sent to the PW-1 mobile through whatsApp. When they knows the said documents were fraudulent created documents the PW-1 and 2 were demanded to return the amount. But the accused persons failed to return the said amount to them and destroyed the said documents and thereby the accused have committed the criminal breach of trust and cheated the complainant and thereby they have committed the above offences. After completion of the investigation the PSI of R.T. Nagara police station has filed the charge sheet against the accused persons for the offence punishable under sections 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
3. Thereafter, the complainant has lodged the complaint in R.T. Nagara Police station. In turn they have registered the case under Crime No.0190/2022. 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 5 C.C.No.3871/2023 taken cognizance of the offences against the accused persons and has issued summons to them.
4. The accused have appeared before the court through their counsel. Copy of the prosecution papers were furnished under Section 207 of Code of Criminal procedure. Thereafter, heard both side, the charges against the accused No.1 and 2 were framed for the offences punishable 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC. Read over and explained to the accused No.1 and 2 were pleaded not guilty and claimed to be tried.
5. To substantiate the case of the prosecution, the prosecution have examined the three witnesses as PW-1 to PW- 3 and got marked the 4 documents as Exs.P-1 to Ex.P-4. The accused have did not choose to lead defense evidence. The statement of the accused No.1 and 2 under Section 313 of Cr.P.C., is dispensed with.
6. Heard the arguments from both side and perused the deposition and documents.
6 C.C.No.3871/2023
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 No.1 and 2 joined together with common intention informed the PW-1 and his brother they will provide Government job to them and reposing confidence upon them the accused No.1 and 2 received the total amount of Rs.10,95,200/- from them by way of cash and online transfers on various dates. Thereafter the accused were neither provide the Government job to them nor return their money and thereby the accused have committed the offence punishable under section 406 read with section 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said 7 C.C.No.3871/2023 date, place and time the accused persons obtained Rs.10,95,200/- from the PW-1 and 2 for the purpose providing them to Government job, but the accused persons did not provide the Government job and thereafter the accused have returned amount of Rs.4,59,000/- to them and did not repay the remaining balance to them and thereby accused persons have committed offence punishable under section 420 read with section 34 of IPC?
3. Whether the prosecution, beyond reasonable doubt, proves that on the above date, time and place the accused have forged the signatures on created fraudulent documents and thereby committed an offence punishable under section 465 read with section 34 of IPC? 8 C.C.No.3871/2023
4. Whether the prosecution, beyond reasonable doubt, proves that on the above date, time and place the accused have created the fraudulent documents i.e., recommendation letter for Government job, joining letter, NOC and thereby committed an offence punishable under section 468 read with section 34 of IPC?
5. Whether the prosecution, beyond reasonable doubt, proves that on the above date, time and place the accused persons created the recommendation letter for Government job, joining letter, NOC sent through WhatsApp as genuine documents and thereby committed an offence punishable under section 471 read with section 34 of IPC?
9 C.C.No.3871/2023
6. Whether the prosecution, beyond reasonable doubt, proves that on the above date, time and place when the PW-1 and 2 were asked to the accused persons about false documents of Government job and demanded to return their money but the accused persons failed to return their amount and given life threat to them and thereby committed an offence punishable under section 506 read with section 34 of IPC?
7. Whether the prosecution, beyond reasonable doubt, proves that the accused have destroyed the evidence and thereby committed an offence punishable under section 201 read with section 34 of IPC?
8. What order?
8. Heard the arguments and perused the materials available on records.
10 C.C.No.3871/2023
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 : In the NEGATIVE.
POINT No.4 : In the NEGATIVE.
POINT No.5 : In the NEGATIVE.
POINT No.6 : In the NEGATIVE.
POINT No.7 : In the NEGATIVE.
POINT No.8 : As per final order, for the
following:-
REASONS
10. Point Nos.1 to 7: 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.
11. In support of its case, the prosecution has examined three witnesses, the PW1 is the complainant. PW-2 is the house wife and PW-3 is the retired teacher. 11 C.C.No.3871/2023
12. The Ex.P-1 is the complaint. The Ex.P-2 is the restatement of complainant. Ex.P-3 is the the statement of PW- 2 and Ex.P-4 is the statement of PW-3.
13. It is the case of prosecution is that the complainant is residing at No.26/5, 3rd Cross, Ganesha Block, Sulthanpalya, Bengaluru with PW-2. The accused No.2 was the friend of PW- 1 and his brother. The PW-1 and PW-2 knows the accused No.1 through accused No.2 in the year 2020. The accused No.1 and 2 joined together with common intention the accused No.1 and 2 informed the PW-1 and his brother they will provide Government job to them. Reposing confidence upon them the accused No.1 and 2 received the total amount of Rs.10,95,200/- from them by way of cash and online transfers on various dates. Thereafter the accused were created fraudulent documents as genuine documents at cyber shop and forged the signatures on the said documents and the said documents were sent to the PW-1 mobile through whats app. When they knows the said documents were fraudulent created documents the PW-1 and 2 were demanded to return the amount. But the accused persons failed to return the said 12 C.C.No.3871/2023 amount to them and and destroyed the said documents and thereby the accused have committed the criminal breach of trust and cheated the complainant and thereby they have committed the above offences. After completion of the investigation the PSI of R.T. Nagara police station has filed the charge sheet against the accused persons for the offence punishable under sections 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
14. In the instant case the PW-1 to 3 were turned hostile to the prosecution case and not supported to the prosecution case. During the course of cross examination by the learned Sr. APP nothing has been elicited from their mouth.
15. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused persons under sections 406, 420, 465, 468, 471, 506, 201 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 to 7 in the Negative.
13 C.C.No.3871/2023
16. Point No.8: For the reasons stated and finding given to point Nos.1 to 7, the following is made.
ORDER The accused No.1 and 2 are not found guilty for the offences punishable under section 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 and 2 are hereby acquitted for the offences punishable under section 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
The bail bonds and surety bonds executed by them 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 25 th day of October, 2024).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
14 C.C.No.3871/2023ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Mohamed Israr S/o Shafi Ahamed; PW-2 : Smt.Sabina W/o Shakeer Ahamed; PW-3 : Smt.Sarojini Thomas W/o Thomas.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1: Complaint;
Ex.P-1(a) : Signature of PW-1;
Ex.P-2: Re-statement of complainant;
Ex.P-3: Statement of PW-2;
Ex.P-4: Statement 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.15 C.C.No.3871/2023
(Vide separate judgment passed out and pronounced in the open court) ORDER The accused No.1 and 2 are not found guilty for the offences punishable under section 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 and 2 are hereby acquitted for the offences punishable under section 406, 420, 465, 468, 471, 506, 201 read with section 34 of IPC.
The bail bonds and surety bonds executed by them stand canceled.
III ACJM, Bengaluru.