Bangalore District Court
State By - Frazer Town Police vs N.Narasimha on 16 August, 2016
IN THE COURT OF THE XI A.C.M.M., AT MAYO HALL UNIT.
Mahatma Gandhi Road, Bengaluru City.
Present: Smt. K.S.JYOTHISHREE, B.Com., LL.B.,
XI A.C.M.M., Bengaluru City.
Dated: This the 16th day of August 2016.
C.C.No.24189/2008
COMPLAINANT :: State by - Frazer Town Police
Station
(State represented by Sr.APP)
Vs.
ACCUSED :: 1. N.Narasimha,
S/o. Nagaiah,
39 years,
Venkateshaprua Nilaya,
A Sector,
Amrutha Nagara,
Sahakara Nagara Post,
Ballary Road,
Byatarayanapura,
Bengaluru-92.
2. Shankarappa,
S/o. Late. Anjanappa,
28 years,
No.25,
Manoor Village,
Manoor Post,
Madakashira Taluk,
Ananthapura District,
Andhra Pradesh District.
3. Rampal @ Venkataramudu,
S/o. Late. Subbya Nayak,
23 years,
Lakshmipuram,
2
C.C.NO.24189/2008
Near Water Tank,
Opp: Shankara Nayak's house,
Hindupura,
Andhra Pradesh.
(Case against accused NO.3 split
up)
(Accused No.1 & 2 represented by Advocate Sri.
Y.C.Suresh)
*****
1. Date of commission of the offence :: 02-07-2005
2. Date of report of offence :: 10-08-2005
3. Arrest of the accused:
a) Date of arrest of accused :: -
b) Release of accused on bail :: 19-08-2005
4. Name of the Complainant :: MOHAMMED
SHAFIULLA
5. Date of recording evidence :: NIL
6. Date of closing evidence :: NIL
7. Offences complained of :: Ss.468, 471
419, 420 & 511
R/w. 34 of IPC.
8. Opinion of the Judge :: Accused No.1
& 2 found not
guilty.
XI A.C.M.M., Bengaluru.
Judgement
3
C.C.NO.24189/2008
JUDGEMENT
The PSI, of Frazer Town Police Station has filed charge sheet against the accused Nos.1 to 3 for the offence punishable under Sections 468, 471, 419, 420 & 511 R/w. 34 of I.P.C.
2. Brief facts of the prosecution case is as follows; On 10-08-2005 at about 1 p.m., the accused persons with common intention presented the cheque bearing No.072232 for Rs.7000/- for encashment before canara bank Vivekananda Nagar branch and the same was belong to complainant by forging the signature of the complainant and tried to draw the amount. Bank Manager informed the same to CW-1. The complainant had lost the said cheque and already lodged the complaint. The accused persons were cheated the complainant and thereby committed the offence punishable U/s. 468, 471, 419, 420, 511 R/w. 34 IPC. Hence, complainant has filed the above complaint before the jurisdictional police.
Judgement 4 C.C.NO.24189/2008
3. Accused persons were enlarged on bail. During pendency of the case, the accused No.3 remained absent. Hence case against accused No.3 is split-up. After filing of the charge sheet against the accused, cognizance of the offences was taken by this Court. Copies of the charge sheet and other prosecution papers were furnished to the accused No.1 & 2 as provided under Section 207 of Cr.P.C.
4. Charges were framed and read over and explained to the accused NO.1 & 2. The accused No.1 & 2 pleaded not guilty. Hence, case was posted for trial.
5. Inspite of issue of summons warrants and proclamation on several times, the police have failed to trace the witnesses. Hence, CW-1 to CW-9 was dropped. The accused statement U/s. 313 of Cr.P.C. is dispensed with.
6. Heard arguments.
Judgement 5 C.C.NO.24189/2008
7. After analyzing oral evidence and materials available on records, points for my determination are as follows;
1. Whether the prosecution proves beyond all reasonable doubt that on 10-08-2005 at about 1 p.m., the accused persons with common intention presented the cheque belong to the complainant bearing No.072232 for Rs.7000/- before Canara Bank Vivekananda Nagara Branch, Banasawadi Main Road, knowing that it does not belong to them, by forging the signature of the complainant on the backside of the said cheque and thereby committed an offence punishable U/s. 468, 471 R/w. 34 of IPC ?
2. Whether the prosecution proves beyond all reasonable doubt that on the above said date, time and place the accused persons with common intention, tried to withdraw the amount from the above stated Bank even though the said cheque does not belong to them and cheated the complainant and thereby committed an offence punishable U/s. 419, 420, 511 R/w. 34 of IPC ?
Judgement 6 C.C.NO.24189/2008
3. What order?
8. My answers to the above points are as follows; POINT NO-1 & 2:: In Negative POINT NO-3 :: As per final order for the following;
REASONS
9. POINT NO-1 & 2 :: The burden is on the prosecution to prove that the accused NO.1 & 2 have committed the offences punishable U/s. 468, 471, 419, 420 7 511 R/w. 34 of IPC.
10. It is pertinent to note that, on 04-09-2015, charge was framed in the above case. From 04-09-2015 till 15.07.2016, opportunity was granted to the prosecution to keep the witnesses present and adduce evidence before the Court. Inspite of issue of summons, warrant and proclamation on several times, the prosecution has failed to keep the witnesses present and adduce evidence before the Court. Therefore, CW-1 to 9 was dropped.
Judgement 7 C.C.NO.24189/2008 Non- examination of complainant, IO and other material witnesses is fatal to the prosecution case. Hence, the prosecution has failed to prove the case against accused No.1 & 2. Therefore, benefit of doubt has to be given to the accused No.1 & 2. Hence, I answer Point No.1 & 2 in Negative.
11. POINT NO-3 :: In the result, I proceed to pass the following;
ORDER Acting under Section 248(1) of Cr.P.C. accused No.1 & 2 are acquitted for the offence punishable under Sections 468, 471, 419, 420, 511 R/w. 34 of I.P.C.
Bail bonds and surety bonds of accused No.1 & 2 shall stand cancelled.
Office is hereby directed to retain this file till disposal of split up case.
(Dictated to the stenographer, transcribed by her, the transcription corrected and then pronounced by me in the open court on this 16th day of August 2016.) (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement 8 C.C.NO.24189/2008 ANNEXURE WITNESSES EXAMINED ON BEHALF OF THE PROSECUTION :: N I L DOCUMENTS EXHIBITED ON BEHALF OF THE PROSECUTION :: N I L WITNESSES EXAMINED ON BEHALF OF THE ACCUSED ::
NIL DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED ::
NIL LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION ::
NIL (K.S.JYOTHISHREE), XI A.C.M.M., Mayo Hall, Bengaluru.
Judgement