Bangalore District Court
State By vs Akbar Ali S/O.Late Shakeer Ali on 16 February, 2017
IN THE COURT OF THE X ADDL.C.M.M.
MAYO HALL UNIT, AT BENGALURU
Dated: This the 16th day of February 2017
PRESENT: Sri.NAGESH MURTHY.B.K
B.A., LL.M.,
X Addl. Chief Metropolitan Magistrate,
Bengaluru City.
C.C.No.22732/2010
Complainant - State by, Police Sub Inspector
Halasur Police Station
/vs/
Accused 1. Akbar Ali S/o.late Shakeer Ali, 32 yrs.
No.1/1, Old No.19, 3rd Cross, Hains
Road, Shivajinagar, Bengaluru.
2. Aslam Khan @ Aslam S/o.Ahmed
Basha, 32 yrs. I Cross, Muslim Colony,
Wanter Tank, next to Concillor Answar
Bai building, Pillanna Garden,
Bengaluru.
A.3 and A.4 Splitup.
JUDGMENT
1. The P.S.I of Halasur police station have filed this chargesheet against the accused Nos.1 to 4 for the offence punishable u/S.420 of IPC.
2. It is alleged by the prosecution that CW.1 being the Manager of SBI Bank, M.G.Road, Halasur, Bengaluru received complaint from one of the customer by name Sheetal regarding misuse of her Credit 2 CC No.22732/2010 Card No.5101 2869 2477 3999 on purchase of Air Ticket from Bengaluru to Delhi by accused Nos.1 to 3 from A.4 and thus cheated the said customer and thereby committed the alleged offence.
3. On the basis of the complaint filed by complainant, a case was registered in Halasur P.S., Cr.No.315/2009 and FIR was submitted to the court. Panchanama of scene of offence was conducted in presence of panchas. Statement of witnesses were recorded. On completion of investigation chargesheet has been filed against the accused for the alleged offences.
4. Cognizance of offences was taken and summons was issued to the accused persons. Accused Nos.1 and 2 have appeared before the court through their counsel and have been released on bail. A.3 and A.4 since absconding, case against them has been splitup. Copies of chargesheet were furnished to accused u/S.207 of Cr.P.C. After hearing, charges were framed against the accused for the alleged offences and accused Nos.1 and 2 have pleaded not guilty and claimed to be tried.
5. The prosecution in support of its case has examined 4 witnesses as PWs.1 to 4 and got marked 3 documents as Exs.P1 to P3. Statements of accused u/S.313 of Cr.P.C. were recorded and the 3 CC No.22732/2010 accused have denied the circumstances incriminating them in the evidence.
6. Heard the arguments of Sr.APP appearing for the state and the counsel for accused and perused the records.
7. The points for consideration is:
1. Whether the prosecution proves beyond doubt that CW.1 being the Manager of SBI Bank, M.G.Road, Halasur, Bengaluru received complaint from one of the customer by name Sheetal regarding misuse of her Credit Card No.5101 2869 2477 3999 on purchase of Air Ticket from Bengaluru to Delhi by accused Nos.1 to 3 from A.4 and thus cheated the said customer and thereby committed the alleged offences?
2. What order?
8. My answer on the above points:
Point No.1 - Negative, Point No.2 - As per final order, for the following;
REASONS
9. POINT NO.1:
The prosecution in support of its case has examined four witnesses. Complainant Socrates, Manager of SBI examined as PW.1. In his evidence deposed that he worked as Fraud Control Unit 4 CC No.22732/2010 Manager and on 11/7/2009 he received the complaint about misuse of credit card of customer by name Sheetal and her card was misused for Air Ticketing. Later on he investigated the matter and came to know that three persons had booked Air Tickets to travel from Bengaluru to Delhi and thereafter he enquired Jet Airways and got information about the names of passengers and then lodged the complaint before the Halasur police station. Complaint is marked at Ex.P1.
10. PW.2 Babu Naik, Police Constable deposed that on 11/7/2009 he himself and CW.4 were deputed for apprehending the accused and accordingly they arrested accused persons and produced before the I.O.
11. PW.3 Mohammed M.A., PSI deposed that on 11/7/2009 he received the complaint, registered the case, sent FIR to the court and on same day visited Airport along with CWs.3 and 4 and arrested A.1 and A.2 and produced them before the court, recorded voluntary statements of accused and statements of CWs.3 and 4 and on completion of investigation filed chargesheet before the court.
12. PW.4 Prasanna Kumar, Police Constable deposed that on 8/5/2010 he was deputed to apprehend accused No.4 and accordingly he went to Ittige Anjinappa Lane, Mysore Road and on enquiry, 5 CC No.22732/2010 accused was not present and he also enquired with neighbours and submitted report before the I.O.
13. In this case prosecution examined Manager of SBI, Fraud Control Unit and the police constables who were deputed for apprehending accused and the I.O. who has received complaint and conducted investigation and filed chargesheet. During the course of cross examination of PW.1 it has been elicited that he has not given copy of the complaint given by the customer by name Sheetal either before the police station or to the court and it is also elicited that customer Sheetal code number will be known only by the customer and also elicited that he has not collected the Air Tickets from the accused persons. It is also elicited that Air Tickets were cancelled and further elicited that he has not produced any documents regarding misuse of huge amount by accused before the I.O. During the course of cross examination of PW.3 who is the I.O. it is elicited that he has not taken any complaint from the victim Sheetal and not seized any ticket from accused persons and also not seized any Credit Card and he had been to Airport at 7 .45 PM to seize the Air Tickets from the accused persons and on that day he has not conducted any mahazar. In view of the said cross examination it is clear that no complaint is 6 CC No.22732/2010 received by the police from the customer Sheetal and no tickets are seized from the accused persons and also not seized Credit Card and in the cross examination, PW.l admitted that he has not produced any documents regarding misuse of amount before the I.O. Moreover, the customer Sheetal not cited as witness in the chargesheet and she has not been examined before the court. Thus, on the evidence available on record, doubt arises as to the case of the prosecution and the benefit of doubt has to be given to the accused and hold that prosecution failed to prove the guilt of the accused beyond reasonable doubt. Accordingly, I answer Point No.1 in the Negative.
14. POINT NO.2:
For the afore said reasons, I pass the following;
ORDER U/s 248(1) of Cr.P.C. the accused Nos. 1 and 2 are acquitted of the alleged offence punishable u/s 420 of IPC. Bail bonds of accused stand cancelled and they are set at liberty. Office is directed to retain the case records and property till disposal of splitup case against accused Nos.3 and 4.
(Dictated to the Steno, transcribed by him, same was corrected by me and then pronounced in open court on this the 16th day of February 2017).
(NAGESH MURTHY.B.K) X A.C.M.M., BENGALURU 7 CC No.22732/2010 ANNEXURE LIST OF WITNESSES EXAMINED Prosecution Defence PW.1 Socrates Nil PW.2 Babu Naik PW.3 Mohammed M.A PW.4 Prasanna Kumar Exhibits Marked Ex.P1 Complaint.
Ex.P1(a)Signature of PW.1.
Ex.P1(b)Signature of PW.3.
Ex.P2 FIR.
Ex.P2(a)Signature of PW.3.
Ex.P3 Report of PW.4.
Material Objects got marked
-Nil-
X A.C.M.M., Bengaluru.
8 CC No.22732/2010