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Bangalore District Court

State By Subramanyapura vs Has Organized To Visit Europe on 15 February, 2022

        IN THE COURT OF THE II ADDITIONAL CHIEF
      METROPOLITAN MAGISTRATE, NRUPATUNGA ROAD,
                     BENGALURU
             Dated this the 15th day of February 2022

                   Smt. Reshma Jane Rodrigues,
                                              M.Com., L.L.M.,
                 II Addl. Chief Metropolitan Magistrate,
                                Bengaluru.

                   JUDGMENT U/S.355 OF Cr.P.C.

1. Sl. No. of the case            : CC No.18591/2021

2. Date of commission             : 30.11.2019 to 10.09.2020
   of the offence

3. Name of the complainant        : State by Subramanyapura
                                    Police Station

4. Name of the accused            : Maneesh Agarawal
                                    S/o Ramgopal
                                    aged about 50 years,
                                    Managing Director,
                                    Neem Holidays Pvt. Ltd,
                                    R/at No. 07, South Block,
                                    Manipal Center, Dickenson
                                    Road, Bengaluru.

5. The offences complained        : U/s. 417, 420 of IPC.
    of

6. Final order                    : Accused is acquitted

7. Date of order                  : 15.02.2022
                                2                    CC No.18591/2021




      The Subramanyapura police have filed charge sheet
against the accused for the offences punishable Under
Section 417,  of IPC.

      2. The brief facts of the prosecution case are as
under:
      It is case of the prosecution that the accused was
running the business of National tour and travels in the
name of Neem Holidays Pvt. Ltd., and the office was
situated at No.S.G 07, Ground Floor, South Block,
Manipal Centre, No. 47, Dickenson Road, Off MG Road,
Bengaluru and head office situated at Mumbai.                  The
accused has organized to visit Europe, Paris, Brussels,
Amsterdam, Heppenheim, Inssbruck and Switzerland and
gave an advertisement in local news papers stating per
person it will cost of Rs.1,24,750/- which includes the
charges for Air Ticket, accommodation, food, sightseeing,
Insurance and Visa. C.W.1 to C.W.3 with an intention to
Travel Europe on 30.11.2019 visited office of the accused
to   book   the   tour   and   CW.1   paid    an    amount      of
Rs.2,30,250/-     vide   cheque    No.10002    of       Sir.   M.
Visweshwaraiah Co-Operative Bank, and gave another
cheque of Rs. 1,39,000/- dated 30.11.2019 bearing
cheque No. 503912 of State Bank of India, Uttarahalli
Branch and another cheque for           Rs.62,250/- dated
26/12/209 bearing cheque No. 503912 and the said
                              3                CC No.18591/2021




amounts have been received by the accused,        Similarly
C.W.2 paid an amount of Rs.1,49,750/- of 26/12/2019
wide cheque No. 467920 Doddkallasandra Branch, State
Bank of India and cheque No. 467921 for Rs. 1,4500/-
dated 26/12/2019 and on 06/03/2020 also conducted
visa interview by obtaining of Rs. 30,000/- of CW.1 and
later the accused canceled the Europe Trip assigning
Covid-19 pandemic and did not return amount of
Rs.6,25,750/- obtained from CW.1 to 3 and closed the
office and thereby committed the alleged offences.

     3. On perusal of the records the accused released on
bail. The charge sheet copies furnished as provided U/s
207 of Cr.PC.

     4. In order to prove the guilt of the accused the
prosecution has to prove that the accused has committed
the alleged offences. In this regard 11 witnesses are cited
in the charge sheet.

     5. At the stage of trial both the parties filed
application under section 320 of IPC seeking permission to
compound the case. The complainant has expressed the
intention that in view of the settlement he does not intend
to further prosecute this case against the accused. Hence,
the parties are permitted to compound this case in view of
the amicable settlement.   Hence, examination of the rest
                                  4                 CC No.18591/2021




of the witnesses will only amount to abuse of process of
law. There is no oral or documentary evidence placed on
record by the prosecution to prove charges against the
accused. Taking an overall view of the matter the accused
is entitled to a benefit of doubt and will have to be
acquitted of the charges leveled against him. Hence, I
proceed to pass the following:

                           : ORDER :

Accused is acquitted U/sec.248(1) of Cr.P.C., for the offence punishable Under Section 417, 420 of IPC.

Bail bond of accused and that of his surety stands cancelled after expiry of appeal period.

(Dictated to the stenographer on computer, corrected by me and pronounced in open court on this the 15th day of February 2022.) (Reshma Jane Rodrigues) II ACMM, Bengaluru.

:ANNEXURE :

List of witness examined for prosecution :-

-NIL -

List of witnesses examined for defense:-

-NIL -

List of documents marked for prosecution :-

- NIL -

List of documents marked for defense:-

- NIL -

List of material objects:-

- NIL -

II ACMM, Bengaluru.

(Judgment pronounced in the open court vide separate order) : ORDER :

Accused is acquitted U/sec.248(1) of Cr.P.C., for the offence punishable Under , Section 417, 420 of IPC.

Bail bond of accused and that of his surety stands cancelled after expiry of appeal period.

II ACMM, Bengaluru.