Bangalore District Court
State By J.P.Nagara Police Station vs Persons Appeared Through Their Counsel ... on 11 June, 2019
IN THE COURT OF THE VII ADDL. C.M.M., BENGALURU.
Dated this the 11th day of June 2019
Present: Sri. Laxman R. Kurane., B.Com., LL.M,
VII ADDL. C.M.M., Bengaluru.
JUDGMENT U/S. 355 OF Cr.P.C.:
1. CC NO. : 8112/2000
2. Date of offence : 26.6.1999
3. Complainant : State by J.P.Nagara Police Station
4. Accused : 1. Bhaskara V. Jagirdar - ABATED.
2. B.C.Parthasarathi
S/o V.D.Cheluvaraj, 53 years,
Residing at No. 23/10,
Gangadhar Chetty Road,
Contonment, Bangalore-560 042.
3. B.V.Nagaraj
s/o late B.Vasu Devaraju,
42 years, r/at No.4, 1st Main Road,
Maruthi Layout, BTM Layout,
1st Stage, Bangalore.
5. Offences complained of : 380, 403, 404, 419, 420, 468, 463,
464, 467, 471, 474, 120 (B), 511 of IPC
6. Plea : Accused pleaded not guilty
7. Final order : Acting U/s. 248 (1) Accused are acquitted
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The PSI of J.P.Nagara Police Station, representing the State of
Karnataka, has filed the final report as against the accused persons for the
offence punishable under Sec. 380, 403, 404, 419, 420, 468, 463, 464, 471,
474, 120 (B), 511 of IPC.
2. Based upon the private complaint filed by the complainant charge
sheet under Sec. 403, 404, 419, 420, 423, 464, 467, 468, 471, 489 B and C,
120 (B) and 511 r/w 34 of IPC is filed. The brief facts of the case of the
prosecution is that the husband of complainant Vijaya Prabhu by name AKR
Prabhu is said to have demised and accused No.1 Bhaskar and accused No.2
Parthasarathi are said to be the close friends of said AKR Prabhu and that
they would often visit their house at J.P.Nagar and during when after the
death of said AKR Prabhu on 19.10.1998, these accused pesons have stolen
cheques and other valuable security certificate i.e. share certificate and other
documents pertaining to said AKR Prabhu and conspired with accused No.3
Bank Manager and since C.W.2 Sanjay Prabhu was working abroad and
taking advantage of his absence at Bangalore accused persons had opened an
joint account in the name of A.R.Prabhu and said Sanjay Prabhu by forging
the signatures of said A.R.Prabhu and Sanjay Prabhu and used the same for
depositing the share debentures and withdraw the said shares and profits by
way of dividends that were deposited in the said joint account and withdrew
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a sum of Rs 4,27,000/- from Mercantile Co-Operative Bank and also
withdrew and encashed several other cheques to the tune of Rs 1,99,000/-
depicting one of them as A.R.Prabhu though he was demised and accused
No.1 and 2 have affixed their signatures to an extent of Rs 54,46,000/- to
different cheques. Therefore, on conclusion of investigation charge sheet is
filed as against the accused persons for the offence punishable under Sec.
380, 403, 404, 419, 420, 468, 463, 464, 467, 461, 464, 120 (B) and 511 IPC.
3. The case against accused No.1 Bhaskar is abated, since accused
No.2 and 3 Prathasarathi and B.V.Nagaraja are before the Court. The
accused persons appeared through their counsel and were enlarged on bail.
Prosecution papers are furnished to the accused persons in compliance of
207 of Cr.P.C and after hearing before charge, since no grounds were made
out for their discharge, charges were framed, read over to the accused
persons in the language known to them. The accused persons having
understood the same, denied it to be false and claimed to be tried. As such,
the matter was set down for trial. The prosecution in order to prove the
guilt of the accused persons had cited C.W.1 to 24 as its charge sheet
witnesses, among whom C.W.1, 2, 5, 7, 10, 22 and 13 are examined as P.W.1
to 7 and got marked Ex.P.1 to P.123. The incriminating material available in
the case of the prosecution was read over to accused persons and examined
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under Sec. 313 of Cr.P.C. Though the accused persons denied it to be false,
but they did not chose to lead their defence evidence. As such, the matter
was posted for arguments.
4. Heard the learned Sr. APP for the prosecution and the learned
counsel for the accused persons. Perused the materials available on record.
5. Following points arise for my consideration:
(1) Whether the prosecution proves beyond reasonable doubt that
these accused persons in furtherance of their common intention
among accused No.1 and 2 on demise of AKR Prabhu, being
his friends are said to have committed theft of cheques,
passbooks, share certificates, etc of said A.R.Prabhu and Sanjay
Prabhu and thereby committed theft in the dwelling house and
thereby committed an offence punishable under Sec. 380 of
IPC ?
(2) Whether the prosecution proves beyond reasonable doubt that
these accused persons in furtherance of their common intention
to misappropriate the property of a deceased A.R.Prabhu
knowing that which was in possession of deceased person
committed theft of cheque books and other valuable securities
with a dishonest intention of misappropriation committed an
offence punishable under Sec. 404 of IPC ?
(3) Whether the prosecution proves beyond reasonable doubt that
these accused No.1 and 2 with a dishonest intention of
misappropriation converted the documents pertaining to
deceased A.R.Prabhu and Sanjay Prabhu who was out of
country and created an account with the Mercantile Bank and
thereby committed an offence punishable under Sec. 403 of
IPC ?
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(4) Whether the prosecution proves beyond reasonable doubt that
these accused persons cheated C.W.1 and 2 by personation
stating that accused No.1 is A.R.Prabhu and accused No.2 as
Sanjay Prabhu and thereby committed an offence punishable
under Sec. 419 of IPC ?
(5) Whether the prosecution proves beyond reasonable doubt that
these accused persons with a dishonest intention in order to
make, alter or destroy valuable security belonging to deceased
AKR Prabhu and C.W.1 and 2 committed cheating and thereby
committed an offence punishable under Sec. 420 of IPC ?
(6) Whether the prosecution proves beyond reasonable doubt that
these accused persons created false documents belonging to AR
Prabhu and C.W.2 for the purpose of committing fraud and
thereby committed an offence punishable under Sec. 463 of
IPC ?
(7) Whether the prosecution proves beyond reasonable doubt that
these accused persons forged the documents pertaining to
C.W.2 and deceased A.R.Prabhu and thereby committed an
offence punishable under Sec. 464 of IPC ?
(8) Whether the prosecution proves beyond reasonable doubt that
these accused persons forging the documents belonging to
C.W.2 and deceased A.R.Prabhu with an intention to cause loss
to C.W.1 and 2 had forged the valuable security like share
certificate, share debentures belonging to deceased A.R.Prabhu
and used as a valuable security and thereby committed an
offence punishable under Sec. 467 of IPC ?
(9) Whether the prosecution proves beyond reasonable doubt that
these accused persons committed forgery with an intention of
cheating of documents belonging to deceased A.R.Prabhu and
C.W.2 and thereby committed an offence punishable under Sec.
468 of IPC ?
(10) Whether the prosecution proves beyond reasonable doubt that
these accused persons with a fraudulent or with a dishonest
intention used forged documents as genuine document and
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submitted the same to Mercantile Bank to open an account in
their joint name and thereby committed an offence punishable
under Sec. 471 of IPC ?
(11) Whether the prosecution proves beyond reasonable doubt that
these accused persons were in possession of documents said to
have been forged for using the same as genuine and thereby
committed an offence punishable under Sec. 474 of IPC ?
(12) Whether the prosecution proves beyond reasonable doubt that
these accused persons with an intention to commit offence
punishable under this Court attempted to commit fraud,
misappropriation, forgery, etc, and thereby committed an
offence punishable under Sec. 511 of IPC ?
(13) Whether the prosecution proves beyond reasonable doubt that
these accused persons in furtherance of their common intention
had conspired amongst themselves with each other to commit
an illegal act by means of illegal arrangement/agreement and
thereby committed an offence punishable under Sec. 120 (B) of
IPC ?
(14) What order ?
6. The learned counsel for accused No.2 has addressed his arguments
and relied upon several citations and the text extracts along with foot print
and finger print identification by Bhavani Dwidevi Law Agency.
7. Having regard to the arguments heard and the materials placed on
record, my answer to the above points are :
Point No.1 to 13 : In the negative
Point No.14 : See final order, for the following :
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REASONS
Point No.1 to 13 :
7. The above points are taken together for common consideration
since they are formed out of same course of action and transaction.
8. The prosecution in order to prove the guilt of the accused persons
had cited C.W.1 to 24 as its charge sheet witnesses, among whom C.W.1, 2,
5, 7, 10, 22 and 13 are examined as P.W.1 to 7 and got marked Ex.P.1 to
P.123. Ex.P.1 is the application form of Smart Saver of Vishwapriya, Ex.P.2
and P.3 are similar such applications. Ex.P.4 to 6 are - 3 cheques bearing the
name of Sanjay Prabhu for a sum of Rs 1,03,000/- and 119/- and also A.R.
Prabhu dated 19.12.1998 and Sanjay Prabhu dated 9.12.1998 respectively,
Ex.P.9 is the true copy of Capital Services India Limited addressed to the
Manager, Mercantile Co-Operative Bank in relation to complaint lodged by
one Vijaya Prabhu. Ex.P.10 is the visiting card of B.V.Nagaraj which is a
true copy. Ex.P.11 is the legal notice sent by B.K.Sridhar to Bangalore
Mercantile Co-Operative Bank, Shivajinagar, Ex.P.11 and 12 are the postal
acknowledgements for having sent courier as well as R.P.A.D. through VRL
and G.P.A. Ex.P.13 is the legal notice dated 4.4.1999 addressed by
B.K.Sridhar to Capital Services India Limited on behalf of Vijaya Prabhu.
Ex.P.14 is the certified copy of complaint in O.S.7812/2000, Ex.P.15 is
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another postal receipt for having sent a legal notice to Capital Services
Limited, Ex.P.16 is a reply by Capital Services India Limited, Ex.P.17 is
another legal notice addressed by B.K.Sridhar to D.C.Parthasarathi under the
instruction of Vijaya Prabhu. Ex.P.18 is the legal notice addressed through
Gururaj and Krishna, Advocates, Ex.P.19 is the saving bank passbook, the
cover age, Ex.P.20 is another passbook in the name of Vijaya Prabhu and
Sanjay Prabhu with Vijaya Bank. Ex.P.21 is the Canara Bank account in the
name of the Sanjay Prabhu, Ex.P.22 is another S.B.Account extract of
Canara Bank in the name of AKR Prabhu and Vijaya Prabhu, Ex.P.23 to P.29
are the on demand promissory note, Ex.P.30 is the application for opening an
S.B.Account dated 27.11.1998 by Sanjay Prabhu, AKR Prabhu and Vijaya
Prabhu, Ex.P.31 is the specimen signature extract of one Sanjay Prabhu,
AKR Prabhu, Vijaya Prabhu with the Bangalore Mercantile Co-Operative
Bank, Ex.P.32 and 33 are the cheques of Punjab National Bank addressed to
Parthasarathi. Ex.P.34 is the specimen signature of one AKR Prabhu with
Punjab National Bank dated 27.5.1981, Ex.P.35 is the blank cheque of
Punjab National Bank, Ex.P.36 is the specimen signature of AKR Prabhu of
Punjab National Bank, Ex.P.37 to P.44 are the cheques of State Bank of
India, Ex.P.45 to 49 are cheques of Vijaya Bank, Ex.P.50 and 51 are cheques
of Canara Bank, Ex.P.52 is the signature card of Canara Bank belonging to
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AKR Prabhu and Vijaya Prabhu for having an account No. 4870 and another
cheque account No. 9404 which is marked as Ex.P.53, Ex.P.54 is the cheque
of Syndicate Bank. Ex.P.55 to P.59 are cheques of Hongkong and Shanghai
Banking Corporation Limited, Ex.P.60 is the cheque of Syndicate Bank,
Ex.P.61 to 63 are the cheques pertaining to State Bank of India, Ex.P.64 is
another cheque of HDFC Bank addressed to Parthasarathi belonging to
cheque Vijaya Prabhu dated 1.10.1998 pertaininf to Vijaya Prabhu and AKR
Prabhu. Ex.P.66 is another cheque of Vijaya Bank addressed to
Parthasarathi for a sum of Rs 4,00,000/-, Ex.P.67, 68 are similar such
cheques addressed to Parthasarathi belonging to Vijaya Bank, Ex.P.69 and
70 are cheques of Syndicate Bank drawn in favour of Parthasarathi. Ex.P.71
is the original specimen signature of Vijaya Prabhu. Ex.P.72 to P.78 are
various cheques of Mercantile Co-Operative Bank Limited. Ex.P.72 is
drawn in favour of Parthasarathi for a sum of Rs 2 lakhs dated 16.12.1998,
other cheques are blank and bears the signature of Sanjay Prabhu. Ex.P.79
to 91 are withdrawal slips of S.B. Account of Bangalore Mercantile Co-
Operative Bank. Ex.P.92 is also similar such savings bank account for
withdrawal of Rs 2.953/-, Ex.P.93 is the letter addressed to the Manager,
Corporation Bank by name A.R.Prabhu, Ex.P.94 is the specimen signature of
Sanjay Prabhu, Ex.P.95 to 97 are original signatures of Sanjay Prabhu,
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Ex.P.98 is the deposit account opening form submitted by Bhaskar V.
Jagirdar to Bangalore Mercantile Co-Operative Bank on 17.12.1998, Ex.P.99
is statement of account extract of S.B.Account bearing No. 836 in the name
of AKR Prabhu and Vijaya Prabhu, Ex.P.100 is the letter addressed to the
Police Inspector by Punjab National Bank. Ex.P.101 is the opinion of the
expert. Ex.P.102 is the writing for comparison obtained by I.O., Ex.P.103 to
106 are similar such writings. Ex.P.107 to 111 are the writings sent o FSL
and hand writing expert. Ex.P.112 to 125 are the specimen signatures taken
from Bhaskar V. Jagirdar in the name of Sanjay Prabhu and Parthasarathi in
the name of Sanjay Prabhu and from Parthasarathi in the name of AKR
Prabhu and from Parthasarathi in the name of Sanjay Prabhu and from
Parthasarathi in the name of AKR Prabhu and from Bhaskar Jagirdhar in the
name of AKR Prabhu and Bhaskar Jagirdhar in the name of Vijaya Prabhu.
This being the documentary evidence, it is necessary to look to the ocular
evidence placed on record.
9. C.W.1 is examined as P.W.1. She has stated in her evidence that
her husband was the Chairman of State Board Commission and he served for
18 years and they were residing at Chennaiah after retirement and C.W.2
Sanjay Prabhu is their only son and he was residing at Newzealand and that
he was residing at aboard for the last 18 years and would come on certain
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occasions to India and that she was holding account in about 20 Banks and
some accounts were in the name of Vijaya Prabhu and her husband AKR
Prabhu and since 12 to 13 years ago they left Chennaiah and started residing
at Bangalore, yet continued their account at Chennaiah. She has further
stated that her husband had invested in shares and debentures and they were
purchased in the name of Sanjay Prabhu namely Capital Services of India
Limited and invested about 1,30,000/- in the name of Sanjay Prabhu as well
as in the name of AKR Prabhu and herself and for the said investment, the
Corporation Bank had issued certain cheques in favour of all the three
persons including the interest and principle amount. She has further stated
that until the death of her husband she did not know the account and account
holders details and she would only sign whenever her husband asked to affix
her signature and she has deposed that her husband died on 19.10.1998. On
20.10.1998 her son visited India and till November he was there and in the
month of February or March 1999 she had met with an accident and her son
had visited her and when she visited Vishwapriya and enquired, she came to
know of all the cheques were encashed through one Bangalore Mercantile
Bank. Therefore, she went to the Mercantile Bank and accused No.3 was
the Manager of the said Bank and when she enquired accused No.3 he asked
her to get an affidavit and she has stated that she had never opened any
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account with the Mercantile Bank either herself, or husband or her son. One
G.L.Narasimhan and other Directors by name Alaf Hussain and 2 to 3 other
persons of Mercantile Bank visited them at Adarsha Palace stating that there
was an account opened in her name as well as in the name of her husband
and on that day her husband was not alive and the account is said to have
opened on 27.11.1998 and at that time she visited Mercantile Bank with one
Gopinath wherein accused No.3 obtained 3 signatures on blank card and she
gave only her passport size photograph and since her husband was no more,
her son was residing outside the country and she also was asked to put her
signature in the ledger and she came to know that the amount was shown
withdrawn by accused No.1 and 2. The amount in the credit was shown
received from shares and debentures of my son in respect of different
companies. The same is culled out for brevity " since he did not know
accused No.2 in any manner, she wrote to the companies not to transfer
shares and debentures in favour of accused No.2. Accused No.2 is said to be
working for accused No.2 and the father-in-law of accused No.1 had brought
him to their house at the time of his marriage engagement about two years
earlier of her husband's death and thereafter her husband is said to have
helped accuse No.1 on lot of occasions and after coming to know the act of
accused No.2, she informed the death of her husband to all the Bank and
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since she is aged, she is unable to recollect and depose with regard to the
contents of the complaint and she has stated that accused No.2 sent some
promissory notes amounting to Rs 60 lakhs and she stated that the said
promotes were executed by herself and her husband and her son and at the
time of said execution her husband was not at all alive and that their family
members never had any financial crisis to party any money from any one".
As such, she has claimed that the accused have totally misappropriated Rs
24 lakhs by forging her signature and her family members signatures. She
has totally denied that she or her husband or her son having opened any
account in Mercantile Bank and she has further stated that accused No.2
Parthasarathi was not known to their family members. She is not been
cross-examined by the counsel for accused No.1 and 2 and she is cross-
examined on behalf of accused No.3.
10. C.W.2 is examined as P.W.2. He has stated that PW.1 is his
mother and that his father was serving as Commissioner of Income Tax at
Chennaih with A.......B.............and after his retirement have moved to
Bangalore and they were staying at J.P.Nagar and that he was out of the
country and was staying at South Africa, Singapore, Newzealand and
Australia on his duty and from 1985 onwards since they resided at Chennai
and occasionally visited India and that he maintained Bank account with
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Canara Bank at Abhirampura Branch, Chennaiah and another account at
vijaya Bank, Annasalai at Chennai and in the year 1998 he was staying at
Australia and was visiting India occasionally and that his father had made
certain investments in his name with Vishpriya Finance Company, Chennai,
which he came to know after the demise of his father and his father died on
2.10.1998 and that he was in Australia at that time and came back to India on
22.10.1998 and stayed in Bangalore for 2 to 3 weeks and left to Australia
thereafter. He has stated that he did not give any authorization to any person
to open any personal account or joint account of any Bank and that accused
No.1 Bhaskar Jagairdhar was the friend of his father and that he does not
know who accused No.2 is and after he returned from Australia, he came to
know that his mother had given this complaint with regard to embellishment
of the amount invested by his father and opening of a fake account and in
this regard he has also stated that accused persons have forged his signature
as well as of his father. He has further stated that he has never given any
cheque in favour of accused No.1 or accused No.2 and he has sent 7 cheques
of Mercantile Co-Operative Bank and totally denied of his signatures upon
them and further he is also been confronted with Ex.P.80 to P.93, P.32, P.33.
Except Ex.P.34 (a), P.36 (a) he has denied other signatures on all other
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documents and he has admitted the specimen signatures upon Ex.P.94 to
P.97 as 94 (a) to 97 (a).
11. Further, C.W.5 is examined as P.W.3. She has stated that she was
working as Assistant Manager in Mercantile Co-Operative Bank,
Shivajinagar Branch, between November 1998 till 2000 and she was close to
accused No.3 who was working as Senior Manager in the said Bank. She
has also stated that she is aware of accused No.1 and 2 who had come to
open a Bank account in their Bank during the tenure. She has also stated
that since the Bank had started operating during November 1998 they were
collecting deposits from customers by opening their accounts, but they were
not insisting the presence of customers while opening their account and that
they would only collect specimen cards along with the account opening
forms. At that time accused No.3 used to attest the signatures of the
customers on the account forms and specimen signatures on behalf of the
Bank. Accordingly, she has identified Ex.P.30 and P.31 which were brought
by accused No.1 and 2 and that she has also stated that she has not seen
Sanjay Prabhu, AKR Prabhu, Vijaya Prabhu and the accused No.1 and 2 had
brought a account opening form in the name of 3 persons and opened an
S.B.Account in their names. She has identified accused No.3's signatures
upon Ex.P.30 and P.31 and she has also identified Ex.P.98 and the said
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account is said to have opened by accused No.1. Further, she has stated that
about a year later P.W.1 went to their Bank and enquired about Ex.P.30 and
that in her absence an account was opened in their Bank. Therefore, she
informed about the death of her husband and later on CCB Police are said to
have enquire them and she has given her statement to the CCB Police. She
is been cross-examined by accused No.1 and 2's counsel.
12. C.W.7 is examined as P.W.4. He is a retired officer of Punjab
National Bank. He has stated that the police had asked for furnishing the
details of AKR Prabhu and his account bearing No. 836. Accordingly, he
has given the statement of account with a covering letter and identified the
same as Ex.P.99 and P.100.
13. C.W.19 is examined as P.W.5. He has stated that he was working
as CCB Head Constable at CCB. He has stated that they have apprehended
accused No.1 and they have given a statement before the I.O. and further
accused No.2 Prathasarathi was also apprehended by him and gave a report.
14. C.W.22 is examined as P.W.6. He is the ASI. He has stated that
on 19.2.2000 along with C.w.18 to 21 they were appointed for apprehending
accused No.1. Accordingly, they apprehended accused No.1 and 2 and gave
a report.
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15. C.W.13 is the Finger Print and Hand Writing Expert examined as
P.W.7. She has stated that for the past 45 years she is been trained in the
field of Finger Print and Hand Writing Expert as an Expert and on 15.9.1997
the CCB Police had requested for examination and to give her opinion in
respect of this case. Accordingly, she has examined the said documents and
has given her report as per Ex.P.101. She has not been cross-examined by
the defence counsel. She has explained in her evidence and examination-in-
chief as well she has stated that the questioned signature on Q.7 does not
belong to Sanjay Prabhu and that the questioned signatures of AKR Prabhu
also does not belong upon Q.6 (a) and Q.6 (b) and various aspects are been
identified by the witnesses. She has also stated that the questioned
signatures upon Ex.D.1 to D.5 does not belong to different persons.
16. P.W.1 and 2 in their evidence have not specifically stated
regarding how much amount of shared debentures purchased by the
deceased husband of P.W.1 and father of P.W.2. P.W.3 has not produced
ledger account book of the Bank. On 9.1.2018 the accused filed application
under Sec. 311 of Cr.P.C. to recall the C.W.13/P.W.7 for the purpose of
cross-examination and the said application was rejected. The accused
challenged the said order before the Hon'ble High Court of Karnataka and
the Hon'ble High Court of Karnataka set aside the order and directed to give
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opportunity to accused to cross-examine P.W.1, 2, 4, 6 & 7. This Court
issued NBW to P.W.1, 2, 4, 6 and 7, but P.W.1, 2, 4, 6 & 7 have not turned
up for cross-examination. More particularly P.W.7 who is the Finger Print
Expert and Hand Writing Expert has not offered for cross-examination.
The expert evidence is weak piece of evidence to rely on the said evidence.
P.W.7 he not offered for cross-examination, therefore the evidence of P.W.7
is no evidence in the eye of law.
17. The accused have produced copy of Judgment produced in O.S.
7812/2000 which has not been marked in the evidence, but it is in the file
which requires judicial notice. The said suit was decreed for Rs 3,09,357/-
directing accused No.2 and Merchantile Bank to repay the said amount.
P.W.1 and 2 have filed the above said suit for recovery of Rs 11,63,248/-
against accused No.1 to 3 and Bangalore Mercantile Bank. In the said
Judgment the Hon'ble CCH 28 held that the P.W.1 and 2/ plaintiffs failed to
prove forgery of signature of P.W.1 and 2 and cheated the P.W.1, 2 and
deceased husband of P.W.1 and father of P.W.2. Hence, I answer points
No.1 to 13 in the negative.
Point No. 14 :
18. In view of the reasons stated at point No.1, I proceed to pass the
following:
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ORDER
Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused No.2 and 3 are acquitted of the offence punishable U/s. Sec. 380, 403, 404, 419, 420, 468, 463, 464, 471, 474, 120 (B), 511 of IPC.
Bail bonds and surety bonds executed by the accused No.2 and 3 and their sureties shall be in force for the period of 6 months.
(Dictated to the Stenographer, transcript thereof is computerized and print out taken by him is verified, corrected & then pronounced by me in the Open Court dated this the 11th day of June 2019) (LAXMAN R. KURANE), VII ACMM, BENGALURU.
ANNEXURES:
List of witnesses examined on behalf of the Prosecution:
P.W.1 : Vijaya Prabhu P.W.2 : Sanjay Prabhu P.W.3 : Aneesa P.W.4 : V.Gopalan P.W.5 : Umesh.R.Udupi P.w.6 : Naganna Gowda V.C. P.W.7 : Jayadevi
List of documents marked on behalf of the Prosecution:
EXP-1 - APPLICTION FORM ISSUED BY VISWAPRIYA'S FINANCIAL SERVICES IN THE NAME OF SANJAY PRABHU EXP-1(a)- SIGNATURE OF SANJAY PRABHU 2 0 EXP-2 - APPLICTION FORM ISSUED BY VISWAPRIYA'S FINANCIAL SERVICES IN THE NAME OF AKR PRABHU EXP-2(a)- SIGNATURE OF AKR PRABHU EXP-3 - APPLICTION FORM ISSUED BY VISWAPRIYA'S FINANCIAL SERVICES IN THE NAME OF VIJAY PRABHU EXP-3(a)- SIGNATURE OF VIJAY PRABHU EXP-4 -CHEQUE IN THE NAME OF SANJAY PRABHU EXP-5 - CHEQUE IN THE NAME OF AKR PRABHU EXP-6 - CHEQUE IN THE NAME OF VIJAY PRABHU EXP-7 - COMPLAINANT EXP-7(a)-SIGNATURE OF THE COMPLAINANT EXP-8- LETTER ADDRESSED TO VISWAPRIYA'S FINANCIAL SERVICES BY OF SANJAY PRABHU EXP-9 - COPY OF THE LETTER ADRESSED TO MERCHANTILE BANK EXP-10 - VISITING CARD OF ACCUSED NO 3 EXP-11- COPY OF THE LEGAL NOTICE ISSUED TO MERCHANTILE BANK EXP-12} COPY OF LEGAL NOTICE DATED 26-05-1999 ISSUED TO } TO SRI B.C. PARTHASARATHY EXP-17} EXP-18- COPY OF REPLY NOTICE BY SRI B.C. PARTHASARATHY EXP-19- CERTIFIED COPY OF S/B ACCOUNT PASS BOOK OF PUNJAB NATIONAL BANK EXP-20- CERTIFIED COPY OF S/B ACCOUNT PASS BOOK OF VIJAY BANK EXP-21CERTIFIED COPY OF S/B ACCOUNT NO 9404 OF CANARA BANK EXP-22- CERTIFIED COPY OF S/B ACCOUNT NO 4878 OF CANARA BANK EXP-23 TO 29- ON DEMAND PROMMISSORY NOTES EXP-23(a)(b)} To } SIGNATURES OF AKR PRABHU EXP-29(a)(b)} EXP-30 APPLICTIONN FOR OPENING SAVING BANK ACCOUNT EXP-30(a) TO EXP-30(d)- SIGNATURES EXP-31- SPECIMEN SIGNATURE CARD OF MERCANTILE BANK 2 1 EXP-31(a)- SIGNATURE EXP-32} & } - TWO CHEQUE OF PUNJAB NATIONAL BANK ISSUED EXP-33}- IN FAVOUR OF B.C. PARTHASARATHI EXP-32(a)& EXP-33(a)- SIGNATURE OF ARK PRABHU EXP-34- ACCOUNT OPENING FORM OF PUNJAB NATIONAL BANK EXP-34(a)- SIGNATURE OF ARK PRABHU EXP-35 - BLANK CHEQUE OF PUNJAB NATIONAL BANK EXP-36- SPECIMEN SIGNATURE GIVEN TO PUNJAB NATIONAL BANK CARD EXP-36(a)- SIGNATURE OF AKR PRABHU EXP-37-
TO - CHEQUES EXP-44- EXP-37(a)- TO - SIGNATURE OF AKR PRABHU EXP-44(a)- EXP-45- TO - CHEQUES EXP-49- EXP-45(a)- TO - SIGNATURE OF SANJAY PRABHU EXP-49(a)- EXP-50 -CHEQUE OF C.B. ABHIRAMAPURAM BRANCH
EXP-50(a) - SIGNATURE OF AKR PRABHU EXP-51 - CHEQUE EXP-51(a)-SIGNATURE OF SANJAY PRABHU 2 2 EXP-52- & TWO SPECIMEN SIGNATURE CARDS EXP-53- EXP-52(a)-
& SIGNATURE EXP-53(a)-
EXP-54- CHEQUE OF THYGARAYANAGARA MADRAS EXP-54(a)- SIGNATURE OF VIJAY PRABHU EXP-55 -CHEQUE OF HONGKONG& SHANGHAI BANKING TO CORPORATION LTD,MANIPAL CENTER, BANGALORE EXP-59 EXP-55(a) & - SIGNATURE OF AKR PRABHU EXP-59(a)-
EXP-60 - CHEQUE EXP-60(a) - SIGNATURE OF AKR PRABHU EXP-61 TO -CHEQUE OF SBI NUNGAMBAKKAM BRANCH EXP-63 MADRAS EXP-61(a)-
TO SIGNATURE OF AKR PRABHU EXP-63(a)-
EXP-64 & - TWO CHEQUE OF B.C. PARTHASARATHI EXP-65 2 3 EXP-64(a)-
TO SIGNATURE OF VIJAY PRABHU EXP-65(a)-
EXP-66 - CHEQUE EXP-66(a) - SIGNATURE OF AKR PRABHU EXP-67 & - TWO CHEQUE OF CANARA BANK SARAKKI LAYOUT & BASAVANAGUDI BANGALORE EXP-68 EXP-67(a)-
& - SIGNATURE OF AKR PRABHU EXP-68(a)-
EXP-69 - CHEQUE EXP-69(a) - SIGNATURE OF SANJAY PRABHU EXP-71 - TREE SPECIMEN SIGNATURE EXP-72 TO - CHEQUES EXP-78- EXP-72(a)-
& - SIGNATURE OF THE DRAWER EXP-78(a)-
EXP-79 - WITHDRAWAL FORM OF MERCANTILE CO-OP BANK EXP-79(a) - SIGNATURE OF THE DRAWER 2 4 EXP-80 TO - 13 SB CHALLENS OF MERCANTILE CO-OP BANK EXP-92 EXP-80(a)-
& - SLIPS ARE ACCOMPAINED IN CHALLENS EXP-92(a)-
EXP-93 WILL EXP-93(a) - SIGNATURE ACR PRABHU EXP-94} TO } Ex.P.97} (a)- 4 SHEETS CONTAINS SPECIMEN SIGNATURES BY CCB POLICE Ex.P.98 - ACCOUNT OPENINGFORM FOR DEPOSIT ACCOUNTS Ex.P.98 (a)- SIGNATURE Ex.P.99 } & } -STATEMENTS OF ACCOUNTS OF COVERING LETTER EXP-100 } EX.P-101 - 12 PAGES OF WITNESS STATEMENT OF SANJAY PRABHU Ex.P.101(a) to (k)- SIGNATURES EX.P-107 } to } - WITNESS STATEMENT OF VIJAY PRABHU EX.P -111 } Ex.P.112 } & }- SPECIMEN SIGNATURE TAKEN FROM BASHKAR Ex.P -113 } JAGIRDAR IN THE NAME OF SANJAY PRABHU Ex.P.114 ] SPECIMEN SIGNATURE TAKEN FROM TO ] EXP-116 ] ARTHASARATHY IN THE NAME OF SANJAY ] PRABHU Ex.P.117 } & } SPECIMEN SIGNATURE TAKEN FROM & } EXP-118 } B.C.PARTHASARATHY IN THE NAME OF AKR PRABHU Ex.P.119 SPECIMEN SIGNATURE TAKEN FROM B.C.PARTHASARATHY IN THE NAME OF SANJAY PRABHU Ex.P.120 SPECIMEN SIGNATURE TAKEN FROM B.C.PARTHASARATHY IN THE NAME OF AKR PRABHU Ex.P.121 SPECIMEN SIGNATURE TAKEN FROM B.C.PARTHASARATHY IN THE NAME OF SANJAY 2 5 PRABHU Ex.P.122 SPECIMEN SIGNATURE TAKEN FROM B.C.PARTHASARATHY IN THE NAME OF AKR PRABHU Ex.P.123 SPECIMEN SIGNATURE TAKEN FROM BHASKAR JAGIRDAR IN THE NAME OF AKR PRABHU.
List of Material Objects marked on behalf of the Prosecution:
Nil
For defence: - NIL -
VII ACMM, BENGALURU.
2
6
Judgment is pronounced in open court. Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused No.2 and 3 are acquitted of the offence punishable U/s. Sec. 380, 403, 404, 419, 420, 468, 463, 464, 471, 474, 120 (B), 511 of IPC.
Bail bonds and surety bonds executed by the accused No.2 and 3 and their sureties shall be in force for the period of 6 months.
VII ACMM, BENGALURU.