Bangalore District Court
Elizebath Bernad vs Jeejabai D V on 4 December, 2024
1
C.C.No.3437/2016
KABC030087482016
Presented on : 06-02-2016
Registered on : 06-02-2016
Decided on : 04-12-2024
Duration: 8 years, 9 months, 27 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 4th DAY OF DECEMBER, 2024
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.3437/2016
State by S.R.Nagara Police Station, Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Ms.Gijabai D.V
D/o Varadharajulu.D
Aged about 30 years,
R/at No.86, 3rd Cross,
Bore Bank Road,
Benson Town Post,
Bengaluru-46.
2. Ms.Roopa .R (Split up)
D/o Rajanna,
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C.C.No.3437/2016
Aged about 22 years,
R/at No.61,
Terrace Garden Apartment,
Opp. KEB Road,
BSK 3rd Stage,
Bangalore-85.
3. Ms.Lavina Jhony (Split up)
D/o Jhony,
Aged about 29 years,
R/at No.41, 2nd Main Road,
Matadahalli,
RT Nagar,
Bangalore-32.
4. Smt.Vinutha Lokesh
W/o Lokesh,
Aged about 28 years,
R/at No.6, 2nd Cross,
Mission Road Cross,
Srinivasa Colony,
Bangalore-27.
(Represented by Smt.A.S., Advocate)
Name of the Smt.Elizabeth Bernard W/o Bernard
Complainant : Earnest
Date of offence 01.04.2011 to 30.09.2011
Date of offence reported 30.03.2012
Date of Commence of 14.11.2024
Evidence
Date of Closure of 14.11.2024
Evidence
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C.C.No.3437/2016
Offence Committed 408, 420, 467, 468, 471, 477 of IPC.
Opinion of Judge The accused No.1 and 4 found not
guilty
Complainant by Learned Senior Assistant Public
Prosecutor
Accused by By Smt.A.S., Adv.,)
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PI of S.R.Nagara Police Station submitted charge sheet against the accused persons for the offences punishable under sections 408, 420, 467, 468, 471, 477 of IPC.
2. The brief facts of the prosecution case is as follows:-
The case of the prosecution is that the accused No.1 to 4 were being an employee of the HCG Enterprises Limited HCG Tower No.4. The said company had entrusted them to collecting money for providing medical services to the patients and entrusted the work of depositing the said amount to the 4 C.C.No.3437/2016 company account. The accused No.1 raised a cash bill of Rs.17,990/-, the accused No.2 raised a cash bill of Rs.1,43,970/-, the accused No.3 raised a cash bill of Rs.94,000/- and the accused No.4 raised a cash bill of Rs.2,550/- out of the money collected from the various patients who were took the medical services in the said institution from 01.04.2011 to 30.09.2011. In between in the year 01.04.2011 to 30.09.2011 the accused No.1 to 4 raised a cash bill total amount of Rs.2,58,510/- and did not remit the said amount to the company account and misappropriated the said amount for their personal use and thereby the accused have committed the above said offences. After completion of the investigation the PI of S.R. Nagara Police Station has filed the charge sheet against the accused persons for the offence punishable under sections 408, 420, 467, 468, 471, 477 of IPC.
3. Thereafter, the complainant has lodged the complaint in S.R.Nagara Police station. In turn he has registered the case under Crime No.0045/2012. Thereafter, police visited the spot, drew the mahazar, secured in the presence of the accused persons subsequently were enlarged on 5 C.C.No.3437/2016 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 has issued summons to them.
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. The accused No.2 and 3 were split up. Thereafter, heard both side, the charges against the accused No.1 and 4 framed for the offences punishable 406, 419, 420, 468, 471 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 has examined the one witness as PW-1 and got marked the two documents as Exs.P-1 and Ex.P-2. The accused have did not choose to lead defense evidence. The statement of the accused No.1 and 4 under Section 313 of Cr.P.C., is dispensed with.
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C.C.No.3437/2016
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 to 4 were being an employee of the HCG Enterprises Limited HCG Tower No.4. The accused No.1 raised a cash bill of Rs.17,990/-, the accused No.2 raised a cash bill of Rs.1,43,970/-, the accused No.3 raised a cash bill of Rs.94,000/- and the accused No.4 raised a cash bill of Rs.2,550/- out of the money collected from the various patients who were took the medical services in the said institution from 01.04.2011 to 30.09.2011. The accused No.1 to 4 raised a cash bill total amount of Rs.2,58,510/- and did not remit the said amount to the 7 C.C.No.3437/2016 company account and misappropriated said amount for their personal use and thereby the accused have committed the offence punishable under section 408 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 were for the purpose of cheating the accused No.1 raised a cash bill of Rs.17,990/-, the accused No.2 raised a cash bill of Rs.1,43,970/-, the accused No.3 raised a cash bill of Rs.94,000/- and the accused No.4 raised a cash bill of Rs.2,550/- out of the money collected from the various patients who were took the medical services in the said institution from 01.04.2011 to 30.09.2011. The accused No.1 to 4 raised a cash bill total amount of Rs.2,58,510/- 8
C.C.No.3437/2016 and did not remit the said amount to the company account and thereby the accused have cheated the complainant company and committed the offence punishable under section 420 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 created/raised a cash bills total amount of Rs.2,58,510/- and thereby the accused have committed the offence punishable under section 467 read with section 34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 raised a cash bills total amount of Rs.2,58,510/- through system for the purpose of cheating and thereby the accused have committed the offence 9 C.C.No.3437/2016 punishable under section 468 read with section 34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 dishonestly raised a cash bills total amount of Rs.2,58,510/- and thereby the accused have committed the offence punishable under section 471 read with section 34 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 dishonestly raised a cash bills total amount of Rs.2,58,510/- and destroyed the said bills and thereby the accused have committed the offence punishable under section 477 of IPC?
7. What order?
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C.C.No.3437/2016
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.
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 PW1 is the General Manager of HCG Hospital. The Ex.P-1 is the complaint and Ex.P-2 is the Spot Mahazar. 11
C.C.No.3437/2016
12. The case of the prosecution is that the accused No.1 to 4 were being an employee of the HCG Enterprises Limited HCG Tower No.4. The said company had entrusted them to collecting money for providing medical services to the patients and entrusted the work of depositing the said amount to the company account. The accused No.1 raised a cash bill of Rs.17,990/-, the accused No.2 raised a cash bill of Rs.1,43,970/-, the accused No.3 raised a cash bill of Rs.94,000/- and the accused No.4 raised a cash bill of Rs.2,550/- out of the money collected from the various patients who were took the medical services in the said institution from 01.04.2011 to 30.09.2011. In between in the year 01.04.2011 to 30.09.2011 the accused No.1 to 4 raised a cash bill total amount of Rs.2,58,510/- and did not remit the said amount to the company account and misappropriated the said amount for their personal use and thereby the accused have committed the above said offences. After completion of the investigation the PI of S.R. Nagara Police Station has filed the charge sheet against the accused persons for the offence punishable under sections 408, 420, 467, 468, 471, 477 of IPC. 12
C.C.No.3437/2016
13. In the instant case the PW-1 was 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 408, 420, 467, 468, 471, 477 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 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 and 4 are not found guilty for the offences punishable under section 408, 420, 467, 468, 471, 477 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 and 4 are 13 C.C.No.3437/2016 hereby acquitted for the offences punishable under section 408, 420, 467, 468, 471, 477 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 4th day of December, 2024).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Jagannath.K S/o K.P.Kannan.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1: Complaint dated 14.03.2012;
Ex.P-2: Spot Mahazar;
Ex.P-2(a) : Signature of PW-1;
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C.C.No.3437/2016
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.