Bangalore District Court
Suddagunte Palya Police Station vs Navanith Sikhwal on 3 February, 2025
1
C.C.No.26143/2024
KABC030456152024
Presented on : 17-08-2024
Registered on : 17-08-2024
Decided on : 03-02-2025
Duration : 0 years, 5 months, 17 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 3rd DAY OF FEBRUARY, 2025
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.26143/2024
State by Suddaguntepalya Police Station,
Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri.Navanith Sikhwal
S/o Late Om Prakash Katariya,
Aged about 27 years,
Ward No.28, Neharu Nagar,
Nohar Town,
Hanumangargh,
Rajasthan.
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C.C.No.26143/2024
2. Sri.Nishanth Sharma (Split up)
S/o Sushil Sharma,
Aged about 25 years,
Ward No.20,
Near Mahaveer Park
Nohar Town,
Hanumangarh,
Hanumangargh,
Rajasthan-335523.
3. Sri.Bhaskar Sharma (Split up)
S/o Sushil Sharma,
Aged about 22 years,
Ward No.20,
Near Mahaveer Park
Nohar Town,
Hanumangargh,
Rajasthan-335523.
(Reptd., by Sri.P.K., Advocate)
Name of the Sri.Rajesh Katariya
Complainant : S/o Madan Lal Katariya
Date of offence 27.07.2021 to 22.07.2022
Date of offence reported 24.07.2022
Date of Commence of 24.01.2025
Evidence
Date of Closure of 24.01.2025
Evidence
Offence Committed 408, 420, 477A and 120B of IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
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C.C.No.26143/2024
Accused by By Sri.P.K., Advocate.
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PSI of Suddaguntepalya Police Station submitted charge sheet against the accused persons for the offences punishable under sections 408, 420, 477A and 120B of IPC.
2. The brief facts of the prosecution case is as follows:-
The case of the prosecution that the accused No.1 was joined the work of CW-1 factory namely Ambika Crafts and CW-
2 factory namely Raj Creations and he was looking the accounts of the said factories. The accused was dealing the business transaction of the factories in a computer. The CW-1 factory namely Ambika Crafts and maintained the factory account at HDFC Bank bearing account No.50200054191884.
The CW-2 factory namely Raj Creations maintained the factory account at HDFC Bank bearing account No.59228073453630. 4
C.C.No.26143/2024 The accused No.1 was without obtaining permission from CW-1 was transferred the amount of Rs.3,76,564/- to his bank account maintained at SBI Bank, Jayanagar Branch bearing account No.55146475244. The accused No.1 was without obtaining permission from CW-2 was transferred the amount of Rs.2,00,400/- to his bank account maintained at SBI Bank, Jayanagar Branch bearing account No.55146475244. The accused No.1 was without obtaining permission from CW-1 was transferred the amount of Rs.2,91,942/- to his bank account maintained at Kotak Mahindra Bank, KH Road Branch bearing account No.2913039481. The accused No.1 was without obtaining permission from CW-2 was transferred the amount of Rs.5,60,461/- to his bank account maintained at Kotak Mahindra Bank, KH Road Branch bearing account No.2913039481. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred the total amount of Rs.5,76,964/- and Rs.8,52,303/- to his accounts from the CW- 1 and CW-2 factories account. In the year July 2021 to July 2022 the accused No.1 was transferred total amount of Rs.9,06,663/- from Ambika Crafts Factory HDFC account bearing No.50200054191884 to his friend accused No.2 5 C.C.No.26143/2024 account State Bank of India, Nohar Branch account bearing No.38194057384 and also transferred Rs.10,14,533/- to his Bank of Baroda, Nohar Branch bearing account No.57648100001577. The accused No.1 was transferred the total amount of Rs.19,21,196/- to the accused No.2 accounts. In the year October 2021 to July 2022 the accused No.1 was transferred Rs.6,44,930/- from Raj Creations Factory HDFC Bank account bearing No.59228073453630 without knowledge of the CW-1 and 2 to accused No.2 account at State Bank of India, Nohar Branch account bearing No.38194057384. In the year October 2021 to July 2022 the accused No.1 was transferred Rs.4,18,670/- from Raj Creations Factory HDFC Bank account bearing No.59228073453630 without knowledge of the CW-1 and 2 to accused No.2 Bank of Baroda , Nohar Branch bearing account No.57648100001577. The accused No.1 was transferred the total amount of Rs.10,63,600/- to the accused No.2 accounts. The accused No.1 was transferred the total amount of Rs.29,84,796/- to the accused No.2 accounts from the factory accounts of CW-2. In the year November 2021 to March 2022 the accused No.1 was without knowledge of the CW-1 and 2 transferred Rs.4,08,417/- to the accused No.3 6 C.C.No.26143/2024 account at Bank of Baroda, Nohar Branch, bearing account No.57648100002285 from the factory accounts of CW-1. The accused No.1 was transferred Rs.1,72,830/- to the accused No.2 account at Bank of Baroda, Nohar Branch bearing account No.57648100002285 from the CW-2 factory account HDFC Bank, bearing account No.59228073453630. The accused No.1 was totally transferred to the accused No.3 account of Rs.5,81,247/-. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred Rs.5,76,964/- to his account maintained at State Bank of India and transferred Rs.8,52,403/- to his account maintained at Kotak Mahindra Bank from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was without knowledge of the CW-1 and CW- 2 transferred Rs15,51,593/- and transferred Rs.14,33,203/- to accused No.2 account maintained at State Bank of India and Bank of Baroda from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred Rs10,63,600/- to accused No.3 account maintained at Bank of Baroda from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was transferred total amount of Rs.49,95,410/- to the five accounts 7 C.C.No.26143/2024 of his and accused No.2 and 3 accounts and misappropriated the same and thereby the accused persons 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 Suddaguntepalya Police Station has filed the charge sheet against the accused persons for the offence punishable under sections 408, 420, 477A and 120B of IPC.
3. Thereafter, the complainant has lodged the complaint in Suddaguntepalya Police station. In turn they have registered the case under Crime No.0208/2022. 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 taken cognizance of the offences against the accused persons and issued summons to them.
4. The accused have appeared before the court through their counsel. Copy of the prosecution papers were furnished 8 C.C.No.26143/2024 under Section 207 of Code of Criminal procedure. Thereafter, heard both side. The accused No.2 and 3 were split up, the charges against the accused No.1 for the offence punishable under sections 408, 420, 477A and 120B 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 have examined the two witnesses as PW-1 and PW- 2 and got marked the four documents as Exs.P-1 to Ex.P-4. The accused No.1 has did not choose to lead defense evidence. The statement of the accused No.1 under Section 313 of Cr.P.C., is dispensed with.
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 No.1 was joined the work of CW-1 factory namely 9 C.C.No.26143/2024 Ambika Crafts and CW-2 factory namely Raj Creations on 1-03-2018 and he was looking the accounts of the said factories. The accused was dealing the business transaction of the factories in a computer.
The CW-1 factory namely Ambika Crafts and maintained the factory account at HDFC Bank bearing account No.50200054191884. The CW-2 factory namely Raj Creations maintained the factory account at HDFC Bank bearing account No.59228073453630. The accused No.1 to 3 joined together with common intention the accused No.1 was without knowledge of the CW-1 and CW-2 transferred total amount of Rs.49,95,410/- to his account, accused No.2 and 3 accounts maintained at State Bank of India, Kotak Mahindra Bank and Bank of Baroda, Nohar Branch from the factory HDFC Bank account of CW-1 and CW-2 and 10 C.C.No.26143/2024 misappropriated the same and thereby the accused persons have committed the offence punishable under sections 408 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 to 3 joined the above place and date together with common intention for the purpose of cheating the accused No.1 was without knowledge of the CW-1 and CW-2 transferred total amount of Rs.49,95,410/- to his account, accused No.2 and 3 accounts maintained at State Bank of India, Kotak Mahindra Bank and Bank of Baroda, Nohar Branch from the factory HDFC Bank account of CW-1 and CW-2 and cheated the CW-1 and CW-2 and thereby the accused persons have committed the offence punishable under sections 420 of IPC?
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C.C.No.26143/2024
3. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 to 3 joined the above place and date together with common intention made criminal conspiracy the accused No.1 was without knowledge of the CW-1 and CW-2 transferred total amount of Rs.49,95,410/- to his account, accused No.2 and 3 accounts maintained at State Bank of India, Kotak Mahindra Bank and Bank of Baroda, Nohar Branch from the factory HDFC Bank account of CW-1 and CW-2 cause loss to the CW-1 and CW-2 factories and made wrongful gain and thereby the accused persons have committed the offence punishable under sections 120(B) of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 to 3 joined the above place and date together with common intention the accused No.1 12 C.C.No.26143/2024 was without knowledge of the CW-1 and CW-2 transferred total amount of Rs.49,95,410/- to his account, accused No.2 and 3 accounts maintained at State Bank of India, Kotak Mahindra Bank and Bank of Baroda, Nohar Branch from the factory HDFC Bank account of CW-1 and CW-2 and shows the falsification of accounts to the CW-1 and CW-2 company and thereby the accused persons have committed the offence punishable under sections 477(A) of IPC?
5. 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 : In the NEGATIVE.
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C.C.No.26143/2024
POINT No.4 : In the NEGATIVE.
POINT No. 5 : As per final order, for the
following:-
REASONS
10. Point Nos.1 to 4: 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 two witnesses, the PW-1 is the complainant and PW-2 is the wife of the complainant. The Ex.P-1 is the complaint, Ex.P-2 is the further complaint, Ex.P-3 is the Mahazar and Ex.P-4 is the Statement of Smt.Suman Rajesh.
12. The case of the prosecution that The case of the prosecution that the accused No.1 was joined the work of CW-1 factory namely Ambika Crafts and CW-2 factory namely Raj Creations and he was looking the accounts of the said factories. The accused was dealing the business transaction of the factories in a computer. The CW-1 factory namely Ambika Crafts and maintained the factory account at HDFC Bank 14 C.C.No.26143/2024 bearing account No.50200054191884. The CW-2 factory namely Raj Creations maintained the factory account at HDFC Bank bearing account No.59228073453630. The accused No.1 was without obtaining permission from CW-1 was transferred the amount of Rs.3,76,564/- to his bank account maintained at SBI Bank, Jayanagar Branch bearing account No.55146475244. The accused No.1 was without obtaining permission from CW-2 was transferred the amount of Rs.2,00,400/- to his bank account maintained at SBI Bank, Jayanagar Branch bearing account No.55146475244. The accused No.1 was without obtaining permission from CW-1 was transferred the amount of Rs.2,91,942/- to his bank account maintained at Kotak Mahindra Bank, KH Road Branch bearing account No.2913039481. The accused No.1 was without obtaining permission from CW-2 was transferred the amount of Rs.5,60,461/- to his bank account maintained at Kotak Mahindra Bank, KH Road Branch bearing account No.2913039481. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred the total amount of Rs.5,76,964/- and Rs.8,52,303/- to his accounts from the CW- 1 and CW-2 factories account. In the year July 2021 to July 15 C.C.No.26143/2024 2022 the accused No.1 was transferred total amount of Rs.9,06,663/- from Ambika Crafts Factory HDFC account bearing No.50200054191884 to his friend accused No.2 account State Bank of India, Nohar Branch account bearing No.38194057384 and also transferred Rs.10,14,533/- to his Bank of Baroda, Nohar Branch bearing account No.57648100001577. The accused No.1 was transferred the total amount of Rs.19,21,196/- to the accused No.2 accounts. In the year October 2021 to July 2022 the accused No.1 was transferred Rs.6,44,930/- from Raj Creations Factory HDFC Bank account bearing No.59228073453630 without knowledge of the CW-1 and 2 to accused No.2 account at State Bank of India, Nohar Branch account bearing No.38194057384. In the year October 2021 to July 2022 the accused No.1 was transferred Rs.4,18,670/- from Raj Creations Factory HDFC Bank account bearing No.59228073453630 without knowledge of the CW-1 and 2 to accused No.2 Bank of Baroda , Nohar Branch bearing account No.57648100001577. The accused No.1 was transferred the total amount of Rs.10,63,600/- to the accused No.2 accounts. The accused No.1 was transferred the total amount of Rs.29,84,796/- to the accused No.2 accounts 16 C.C.No.26143/2024 from the factory accounts of CW-2. In the year November 2021 to March 2022 the accused No.1 was without knowledge of the CW-1 and 2 transferred Rs.4,08,417/- to the accused No.3 account at Bank of Baroda, Nohar Branch, bearing account No.57648100002285 from the factory accounts of CW-1. The accused No.1 was transferred Rs.1,72,830/- to the accused No.2 account at Bank of Baroda, Nohar Branch bearing account No.57648100002285 from the CW-2 factory account HDFC Bank, bearing account No.59228073453630. The accused No.1 was totally transferred to the accused No.3 account of Rs.5,81,247/-. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred Rs.5,76,964/- to his account maintained at State Bank of India and transferred Rs.8,52,403/- to his account maintained at Kotak Mahindra Bank from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was without knowledge of the CW-1 and CW- 2 transferred Rs15,51,593/- and transferred Rs.14,33,203/- to accused No.2 account maintained at State Bank of India and Bank of Baroda from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was without knowledge of the CW-1 and CW-2 transferred Rs10,63,600/- to accused No.3 17 C.C.No.26143/2024 account maintained at Bank of Baroda from the factory HDFC Bank account of CW-1 and CW-2. The accused No.1 was transferred total amount of Rs.49,95,410/- to the five accounts of his and accused No.2 and 3 accounts and misappropriated the same and thereby the accused persons 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 Suddaguntepalya Police Station has filed the charge sheet against the accused persons for the offence punishable under sections 408, 420, 477A and 120B of IPC.
13. In the instant case the PW-1 and PW-2 have 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.
14. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused persons under sections 408, 420, 477A and 120B 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 18 C.C.No.26143/2024 accused No.1 beyond all reasonable doubt. In view of the same, this court hold Point Nos.1 to 4 in the Negative.
15. Point No.5: For the reasons stated and finding given to point Nos.1 to 4, the following is made.
ORDER The accused No.1 is not found guilty for the offences punishable under section 408, 420, 477A and 120(B) 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, 420, 477A and 120(B) of IPC.
The bail bond and surety bond executed by him stands 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 3 rd day of February, 2025).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
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C.C.No.26143/2024 ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Rajesh Katariya S/o Madan Lal Katariya; PW-2: Sri.Suman Rajesh Katariya S/o Rajesh Katariya.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1 : Complaint dated 24.07.2022; Ex.P-1(a) : Signature of PW-1; Ex.P-2 : Further complaint dated 01.09.2022; Ex.P-2(a) : Signature of PW-1; Ex.P-3 : Mahazar;
Ex.P-3(a) : Signature of PW-1; Ex.P-4 : Statement of PW-2.
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.