Bangalore District Court
K R Puram Police Station vs Byragonda Siddalinganna Silpa on 2 April, 2025
1
C.C.No.2654/2023
KABC030042422023
Presented on : 27-01-2023
Registered on : 27-01-2023
Decided on : 02-04-2025
Duration : 2 years, 2 months, 6 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE DAY OF 2nd APRIL, 2025
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.2654/2023
State by K.R.Puram Police Station, Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri.Byragonda Siddalinganna Shilpa
R/at No.23, 6th Cross,
Swarnalatha Mansion,
Devasandra Main Road,
KR Puram,
Bengaluru City,
Karnataka.
2. Smt.Valasa Rajashekar Siri
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C.C.No.2654/2023
R/at No.23, 6th Cross,
Devasandra Main Road,
KR Puram,
Bengaluru City,
Karnataka.
3. Sri.V S N Prathap Reddy
R/at No.23, 6th Cross,
Swarnalatha Mansion,
Devasandra Main Road,
KR Puram,
Bengaluru City,
Karnataka.
4. Sri.Dilip Kumar Valasa
R/at No.23, 6th Cross,
Swarnalatha Mansion,
Devasandra Main Road,
KR Puram,
Bengaluru City,
Karnataka.
(Reptd., by Sri.M.B.R Advocate)
Name of the Sri.Gutipalli Shreedhar
Complainant : S/o G.Kishore Babu
Date of offence 05.04.2018 to 01.09.2020
Date of offence reported 01.09.2020
Date of Commence of 01.03.2025
Evidence
Date of Closure of 01.03.2025
Evidence
Offence Committed Under Section 403, 409, 420, 421,
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C.C.No.2654/2023
464, 477A read with section 34 of IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
Accused by By Sri.M.B.R., Advocate.
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PSI of K.R.Puram Police Station submitted charge sheet against the accused persons for the offences punishable under sections 403, 409, 420, 421, 464, 477A 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 persons were running the company as SSS Warehousing and Supply Chain Solutions Pvt. Ltd., situated at Devasandra Main Road, 6th Cross, Swarna Latha Mansion Building which is doing the business of supply the vegetables, fruits and other items from 4 C.C.No.2654/2023 Reliance Company Ware House to Reliance Malls through their Lorries. The accused persons of the said company were facing the financial difficulties to pay the loan installment to the bank up to Rs.3 to 4 Crores. The accused persons were approached the complainant for investment and working capital in the said business and they were assured to take him as a Director and giving 49% share of the said company. It is further stated in the complaint that the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS and claiming that he is having 49% of the shares in the said company. In the complaint it is stated that, the applicant Mr.Sadashiva Reddy Naga Prathap Reddy Valsala are having 51% of the shares. The complainant at the time of joining as a Director to the said company, the company having 142 vehicles and after joining other vehicles were also purchased. But now the company having 40 plus vehicles. Remaining vehicles were sold to different parties and individuals without knowledge and consent of the complainant and caused loss to the company and forged DIR 12 Forms. The accused persons were diverted the funds invested by the complainant to their another Proprietorship company Swarnalatha Agencies and made profit 5 C.C.No.2654/2023 without knowledge of the complainant and also they were not given any profit to the complainant and not returned to his investment amount 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 K.R.Puram Police Station has filed the charge sheet against the accused person for the offence punishable under sections 403, 409, 420, 421, 464, 477A read with section 34 of IPC.
3. Thereafter, the complainant has lodged the complaint in K.R.Puram Police station. In turn they have registered the case under Crime No.0304/2020. 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.
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C.C.No.2654/2023
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 persons for the offence punishable under sections 403, 409, 420, 421, 464, 477A read with section 34 of IPC. Read over and explained to the accused persons were pleaded not guilty and claimed to be tried.
5. To substantiate the case of the prosecution, the prosecution have examined the one witness as PW-1 and got marked the two documents as Ex.P-1 and Ex.P-2. The statement of the accused person under Section 313 of Cr.P.C., is dispensed with. The accused 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. 7
C.C.No.2654/2023
1. Whether the prosecution proves beyond all reasonable doubt that the accused persons were running the company as SSS Warehousing and Supply Chain Solutions Pvt. Ltd., situated at Devasandra Main Road, 6th Cross, Swarna Latha Mansion Building which is doing the business of supply the vegetables, fruits and other items from Reliance Company Ware House to Reliance Malls through their Lorries.
The accused persons of the said company were facing the financial difficult to pay the loan installment to the bank up to Rs.3 to 4 Crores. The accused persons were approached the complainant for investment working capital in the said business and they were assured to take him as a Partner and giving 49% share of the said 8 C.C.No.2654/2023 company. In this regard the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS and claiming that he is having 49% of the share in the said company. In the complaint it is stated that, the accused persons were having 51% of the share.
According to the prosecution case, the complainant and accused persons are the owners of 145 transport vehicles and the accused persons without knowledge and consent of the complainant they have sold about 100 Lorries and caused loss to the company and forged DIR 12 Forms with retrospective effect. The accused persons were diverted the investment amount of the complainant to their another Proprietorship company Swarnalatha Agencies and made profit 9 C.C.No.2654/2023 without knowledge of the complainant and thereby they have committed the offence punishable under section 403 read with section 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the accused persons were running the company as SSS Warehousing and Supply Chain Solutions Pvt. Ltd., situated at Devasandra Main Road, 6th Cross, Swarna Latha Mansion Building which is doing the business of supply the vegetables, fruits and other items from Reliance Company Ware House to Reliance Malls through their Lorries.
The accused persons of the said company were facing the financial difficult to pay the loan installment to the bank up to Rs.3 to 4 Crores. The accused persons were approached the 10 C.C.No.2654/2023 complainant for invest in the said business and they were assured to take him as a Partner and giving 49% share of the said company. In this regard the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS and claiming that he is having 49% of the share in the said company. The complainant and accused persons are the owners of 145 transport vehicles. Thereafter, the accused persons were without knowledge and consent of the complainant they have sold about 100 Lorries and caused loss to the company and forged DIR 12 Forms.
The accused persons were diverted the investment amount of the complainant to their another Proprietorship company Swarnalatha Agencies and made profit without 11 C.C.No.2654/2023 knowledge of the complainant and thereby the accused have committed the offence punishable under section 409 read with section 34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that the accused persons for the purpose of cheating the accused persons were approached the complainant for invest in their company namely SSS Warehousing and Supply Chain Solutions Pvt. Ltd., and they were assured to take him as a Partner and giving 49% share of the said company. In this regard the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS. The complainant and accused persons are the owners of 145 transport vehicles. Thereafter, the accused 12 C.C.No.2654/2023 persons were without knowledge and consent of the complainant they have sold about 100 Lorries and caused loss to the company and forged DIR 12 Forms with retrospective effect. The accused persons were diverted the investment amount of the complainant to their another Proprietorship company Swarnalatha Agencies and made profit without knowledge of the complainant and thereby the accused have committed the offence punishable under section 420 read with section 34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the accused persons were with dishonest intention without knowledge of the complainant diverted the investment amount of the complainant to their 13 C.C.No.2654/2023 another Proprietorship company Swarnalatha Agencies and made profit without knowledge of the complainant and thereby they have committed the offence punishable under section 421 read with section 34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that the accused persons were approached the complainant for invest in the said business and they were falsely assured to take him as a Partner and giving 49% share of the said company. In this regard the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS and claiming that he is having 49% of the share in the said company. The accused persons without knowledge and consent of the complainant they 14 C.C.No.2654/2023 have sold about 100 Lorries and caused loss to the company and forged DIR 12 Forms and thereby they have committed the offence punishable under section 464 read with section 34 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that the accused persons were shows the falsification of accounts to the complainant and thereby they have committed the offence punishable under section 477A read with section 34 of IPC?
7. 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.
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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 : As per final order, for the
following:-
REASONS
10. Point Nos.1 to 6: 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 one witness, the PW-1 is the complainant. The Ex.P-1 is the complaint. Ex.P-2 is the Mahazar.
12. The case of the prosecution is that the accused persons were running the company as SSS Warehousing and Supply Chain Solutions Pvt. Ltd., situated at Devasandra Main Road, 6th Cross, Swarna Latha Mansion Building which is doing the business of supply the vegetables, fruits and other 16 C.C.No.2654/2023 items from Reliance Company Ware House to Reliance Malls through their Lorries. The accused persons of the said company were facing the financial difficulties to pay the loan installment to the bank up to Rs.3 to 4 Crores. The accused persons were approached the complainant for investment and working capital in the said business and they were assured to take him as a Director and giving 49% share of the said company. It is further stated in the complaint that the complainant has transferred a sum of Rs.1,44,69,000/- on various dates through NEFT/RTGS and claiming that he is having 49% of the shares in the said company. In the complaint it is stated that, the applicant Mr.Sadashiva Reddy Naga Prathap Reddy Valsala are having 51% of the shares. The complainant at the time of joining as a Director to the said company, the company having 142 vehicles and after joining other vehicles were also purchased. But now the company having 40 plus vehicles. Remaining vehicles were sold to different parties and individuals without knowledge and consent of the complainant and caused loss to the company and forged DIR 12 Forms. The accused persons were diverted the funds invested by the complainant to their another 17 C.C.No.2654/2023 Proprietorship company Swarnalatha Agencies and made profit without knowledge of the complainant and also they were not given any profit to the complainant and not returned to his investment amount 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 K.R.Puram Police Station has filed the charge sheet against the accused persons for the offence punishable under sections 403, 409, 420, 421, 464, 477A read with section 34 of IPC.
13. In the instant case the PW-1 has 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 his mouth.
14. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused persons under sections 403, 409, 420, 421, 464, 477A 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 18 C.C.No.2654/2023 doubt. In view of the same, this court hold Point Nos.1 to 6 in the Negative.
15. Point No.7: For the reasons stated and finding given to point Nos.1 to 6, the following is made.
ORDER The accused No.1 to 4 are not found guilty for the offences punishable under section 403, 409, 420, 421, 464, 477A read with section 34 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 to 4 person are hereby acquitted for the offences punishable under section 403, 409, 420, 421, 464, 477A 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 2nd day of April, 2025).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
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C.C.No.2654/2023 ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Gutipalli Sreedhar S/o G.Kishore Babu.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1 : Complaint dated 29.08.2020;
Ex.P-1(a) : Signature of PW-1;
Ex.P-2: Mahazar;
Ex.P-2(a) : Signature of PW-1.
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.