Bangalore District Court
State By - D.J.Halli Police Station vs Smt. Bhanu on 13 December, 2016
IN THE COURT OF THE XI A.C.M.M., AT MAYO HALL UNIT.
Mahatma Gandhi Road, Bengaluru City.
Present: Smt. K.S.JYOTHISHREE, B.Com., LL.B.,
XI A.C.M.M., Bengaluru City.
Dated: This the 13th day of December 2016.
C.C.No.25083/2009
COMPLAINANT :: State by - D.J.Halli Police Station
(State represented by Sr.APP)
Vs.
ACCUSED :: Smt. Bhanu,
W/o. Sultan Shariff,
45 years,
3rd Cross, Sampangiramaiah Block,
D.J.Halli,
Bengaluru.
(Accused represented by Advocate Sri. M.Javed Iqbal)
*****
1. Date of commission of the offence :: 01-08-2004
2. Date of report of offence :: 28-04-2009
3. Arrest of the accused :
a) Date of arrest of accused :: -
b) Release of accused on bail :: 12-05-2009
4. Name of the Complainant :: SHAKILA BANU
5. Date of recording evidence :: NIL
6. Date of closing evidence :: NIL
2
C.C.NO.25083/2009
7. Offences complained of :: Ss. 3 & 4 of Chit
Fund Act, 1978
R/w. 420 of IPC
8. Opinion of the Judge :: Accused found
not guilty.
XI A.C.M.M., Bengaluru.
JUDGEMENT
The PSI, of D.J. Halli Police Station has filed charge sheet against the accused for the offence punishable under Sections 3 & 4 of Chit Fund Act, 1978 R/w. 420 of I.P.C.
2. Brief facts of the prosecution case is as follows; On 01-08-2004 in the house of the accused situated at Sampangiramaiah Extension, D.J.Halli, the accused was running illegal chit business without obtaining license from the government and failed to pay Rs.1,25,000/- to CW-1 and thereby committed the offence punishable U/s. 420 of IPC and Section 4 & 5 of Chit Fund Act. Hence, Judgement 3 C.C.NO.25083/2009 complainant has filed the above complaint before the jurisdictional police.
3. On 29-04-2009 accused produced before this Court and later she was enlarged on bail. After filing of the charge sheet against the accused, cognizance of the offences was taken by this Court. Copies of the charge sheet and other prosecution papers were furnished to the accused as provided under Section 207 of Cr.P.C.
4. Charges were framed and read over and explained to the accused. The accused pleads not guilty. Hence, case was posted for trial.
5. Inspite of issue of summons, warrants and proclamation on several times, the prosecution has failed to keep the witnesses present and adduce evidence before the Court. Hence, the request of the prosecution has been rejected and CW-1 to CW-20 were dropped. The accused statement U/s. 313 of Cr.P.C. is dispensed with.
Judgement 4 C.C.NO.25083/2009
6. Heard arguments.
7. After analyzing oral evidence and materials available on records, points for my determination are as follows;
1. Whether the prosecution proves beyond all reasonable doubt that on 01-08-2004 in the house of the accused situated at Sampangiramaiah Extension, D.J.Halli, the accused was running illegal chit business without obtaining license from the government and failed to pay Rs.1,25,000/- to CW-1 and thereby committed the offence punishable U/s. 420 of IPC and Section 4 & 5 of Chit Fund Act.
2. What order ?
8. My answers to the above points are as follows;
POINT NO-1 :: In Negative
POINT NO-2 :: As per final order
for the following;
Judgement
5
C.C.NO.25083/2009
REASONS
9. POINT NO-1 :: The burden is on the prosecution to prove that the accused has committed the offence punishable U/s. 3 & 4 of Chit Fund Act, 1978 R/w. 420 of IPC.
10. It is pertinent to note that, on 31-07-2013, charge was framed in the above case. From 31-07-2013 till 15.09.2016, opportunity was granted to the prosecution to keep the witnesses present and adduce evidence before the Court. Inspite of issue of summons, warrant and proclamation on several times, the police have failed to secure the witnesses Therefore, CW-1 to 20 were dropped. Non- examination of complainant, IO and other material witnesses is fatal to the prosecution case. Hence, the prosecution has failed to prove the case against accused. Therefore, benefit of doubt has to be given to the accused. Hence, I answer Point No.1 in Negative.
Judgement 6 C.C.NO.25083/2009
11. POINT NO-2:: In the result, I proceed to pass the following;
ORDER Acting under Section 248(1) of Cr.P.C. accused is acquitted for the offence punishable under Sections 3 & 4 of Chit Fund Act, 1978 R/w. Sec. 420 of I.P.C. Bail bond and surety bond of accused shall stand cancelled.
(Dictated to the Stenographer directly on the computer, computerized transcript thereof corrected, signed and then pronounced by me in the open court on this 13th day of December 2016.) (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement 7 C.C.NO.25083/2009 ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION :: N I L DOCUMENTS EXHIBITED ON BEHALF OF THE PROSECUTION :: N I L WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ::
NIL DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED ::
NIL LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION ::
NIL (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement