Bangalore District Court
State By Kp Agrahara P.S vs Persons For The Offence Punishable ... on 3 February, 2015
IN THE COURT OF THE V ADDL. CMM., AT BANGALORE.
Dated this the Tuesday the 3rd day of February 2015
Present: Sri B. Venkatesha, B.Sc., LL.B.,
V Addl., C.M.M Bangalore.
CC No.20969/2005
Complainant State by KP Agrahara P.S., Bangalore.
(Rep., by Sr. APP., B'lore)
V/s.
1.Nirmala, Dead, Case abated
2.Smt. Shamala D/o Late Govindaraj,
45 Yrs.,
3.Smt. Rathna D/o Late Govindaraj,
40 Yrs.,
All are R/a No.25/C, 9th Cross, Magadi
Road, Bangalore-23 and
also at No.69, 3d Block, 3rd Cross,
Vishwapriyanagar, Begur, Bangalore-68.
(Rep by Sri VV and KN, Adv.,)
JUDGMENT AS PER SEC.355 Cr.P.C.,
1. Serial Number of the case : CC No.20969/2005
2. Date of the commission of the
offence : In the year 2001
3. The name of the complainant : Sri Sathyanarayana
2 CC No.20969/2005
4. Name of the accused persons
and their parentage and residence: As stated above.
5.the offence complained off : U/s.420 r/w Sec.34 of IPC
and proved
6.The plea of the accused and : Pleaded not guilty and denied
their examination the incriminating evidence.
7.The final order : Acquitted
8.The date of such order : 03.02.2015.
THE BRIEF REASONS FOR FINAL ORDER:
The prosecution's case in brief as set out in Cl. No.7 of
charge sheet is that about three years prior to the filing of
complaint the accused persons were running share benefit
scheme business under the name and style Rego Enterprises
at No.25/C, situated at 9th Cross, Magadi Road, a place that lies
within the limits of KP Agrahara P.S., Bangalore, by collecting
share amount of Rs.100/- each per month from the complainant-
Sathyanarayana, CW.2 to 7, and others under the pretext that
after lapse of 36 months they will pay Rs.5,000/-each to them
along with interest. But, after maturity the accused persons have
failed to return the said amount and cheated them for an amount
3 CC No.20969/2005
of Rs.1,02,000/-. Thus, the accused persons have committed the
aforesaid offences as alleged. Hence, the Charge Sheet.
2.During crime stage, the accused No.1 to 3 appeared
before this Court through their counsel and that they were
enlarged on regular bail. After submission of this charge sheet,
this court has taken cognizance of the aforesaid offence against
the aforesaid accused No.1 to 3. Copies of the charge sheet have
been furnished to the other accused as per Sec. 207 of Cr.P.C.
With no objection from the Counsel for the other accused, this
Court framed charge for the aforesaid offences against them.
The same read over and explained to them in the language
known to them. They pleaded not guilty. The prosecution has
examined complainant, CW.2 to 8 as PWs.1 to 6, 8 and 7 and it
has got marked nine documents as Ex.P1 to P9. During the
course of trial, it was reported that A-1 was dead, hence, this
case as against A-1 is taken as abated. The trial was taken up
against accused No.2 and 3 only. Statement of the accused as
required U/sec. 313 of Cr.P.C. has been recorded. The accuseds
4 CC No.20969/2005
have denied the incriminating evidence that appeared against
them. They submitted that they have no defence evidence.
3.Heard the arguments of both sides, perused evidence
placed before the court.
4.This case has been registered in view of the complaint
submitted as per Ex.P-9/P-1 that filed U/s.200 of Cr.P.C., before
this Court by the complainant-Sathyanarayana. The said
complaint has been referred to the then SHO of KP Agrahara P.S.,
Bangalore for investigation. The I.O., of KP Agrahara P.S., has
inquired the matter and submitted the charge sheet against the
accused persons for the offence punishable U/s.420 of IPC on the
ground that prima facie it was proved that the accused persons
have cheated CW.1 to 7 and others as alleged in the complaint
marked as Ex.P-9 and P-1. Ex.P-2 Discloses that Rego
Enterprises issued the same in favour of the complainant by A-1 G
Nirmala r/a No.69, 3rd Block, 4th Cross, Vishwapriyanagara, Begur,
Bangalore-68 and its Branch office at No.25/C, 9th Cross, Magadi
Road, Bangalore. Ex.P-2 discloses that from January 1999 to till
5 CC No.20969/2005
October 2001 amount of Rs.100/- per month has been collected.
Ex.P-3 similar card issued in the name of CW.2-PW.2 Jyothi of this
case alleged to issued by accused No.1. The same also discloses
that Rs.100/- per month from January 1999 to December 2001
have been collected. Ex.P3 similar card issued CW.4/PW.4
Sudhakar. The same also discloses that from January 1999 to
October 2001 Rs.100/- per month have been collected for Rego
Enterprises. Ex.P-5 similar card issued in the name of CW.5/PW.5
Smt. Meena. The same also discloses that from January 1999 to
September 2001 Rs.100/- per month have been collected. Ex.P-6
similar card issued to one Ramkumar, the same also discloses
that from January 1999 to December 2001 Rs.100/- per month
has been collected for Rego Enterprises. Ex.P-7 similar card
issued to one Babu that discloses that Rs.100/- per month from
January 1999 to October 2001 have been collected. Ex.P-8 is the
FIR submitted to this Court. Ex.P-1 is the original of Ex.P-9.
5.PWs.1 to 6 and 8 during the course of their oral evidence that
recorded during the course of their respective chief-examination
6 CC No.20969/2005
have specifically deposed before this Court that the accused by
saying that they have running chit fund business, and if they all
paid Rs.100/- per month for about 3 years, they will pay an
amount of Rs.5,000/- and induced them to become members of
the said business and collected an amount of Rs.100/- per month
from them. They have further deposed that in spite of maturity
the accused have not paid the amount to them. They have stated
that Ex.P2 to P7 are the membership cards that issued to them by
the accused persons, and in that the accused persons have put
their initials on every month on Ex.P2 to 7 in respect of receiving
an amount of Rs.100/- each per month from them. They have
specifically deposed that the accused persons have cheated to
them without returning the amount.
6. In this case the prosecution has not collected any
documentary evidence to show that the accused persons have
been running chit fund business under name and style as Rego
Enteriprises, in the address as mentioned in the documents
marked as per Ex.P-2 to P-7. PW.7 has deposed that he has
7 CC No.20969/2005
received the complaint as per Ex.P-9 a copy of Ex.P1 and has
registered this case and submitted FIR to this Court as per Ex.P-8.
He has deposed that he received Ex.P2 to P7 share benefit
scheme cards from CW.1 to 5 and 7. He has stated from the
investigation it was proved that the accused persons have
committed the offence as alleged. Therefore, he has submitted
charge sheet against the accused persons.
6.According to the evidence of PW.1 to 6 and PW.8, and as
per the contents of Ex.P-2 to P7 the alleged share benefit scheme
business has been closed in the month of December 2001, but
the complaint was lodged on 2.9.2004. This itself discloses that
there is a delay of more than 3 years from the last month of
alleged share benefit scheme business. Why the complaint has
been lodged after lapse of three years from the last month of the
said share benefit scheme business has not been properly
explained either in the complaint or in the evidence of PW.1 to 6
and 8. No proper reasons also not mentioned or deposed that
what is prevented them to file complaint as early as possible after
8 CC No.20969/2005
closure of the last month of share benefit scheme business. The
evidence of PW.1 also discloses that he and his son are the
tenants of the accused-Shamala. There is a civil dispute between
him and accused-Shamala in respect of occupation of the said
house. The same discloses that there is ill will between the
complainant and the accused-Shamala. No evidence placed to
believe that the accused No.2 to 3 are the partners of Rego
Enterprises and that the accused No.1 to 3 have collected the
amount from the aforesaid witnesses, as alleged. The said
documents marked as per Ex.P2 to P7 didn't disclose that the
accused persons No 2 and 3 have issued the said cards to the
said witnesses. The said document also doesn't disclose that the
accused persons No 2 and 3 have collected the amount as
mentioned in the documents marked as per Ex.P2 to P7.
7. Therefore, I am of the opinion that the evidence of PW.1
to 6 and 8 is doubtful in nature and it is very difficult to rely on
the said evidence to believe that the accused persons have
committed the aforesaid offences as alleged. Further delay of
9 CC No.20969/2005
more than three years in lodging of this complaint by the
complainant leads to draw an adverse inference and it leads to
disbelieve the evidence of PW.1 to 6 and 8. The same is fatal to
the case of the prosecution. The accused persons are entitled to
the benefit of doubt. Therefore, I am of the opinion that the
prosecution has miserably failed to prove its case as alleged
against the accused persons beyond all reasonable doubt. The
accused persons are entitled to be acquitted.
7.In view of the aforesaid discussion, this court proceed to
pass the following:-
ORDER
By acting under section 248(1) Cr.P.C. the aforesaid accused No.2 and 3 are hereby acquitted of the offence punishable U/s.420 r/w Sec.34 of IPC.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., 10 CC No.20969/2005 Refund cash security amount of Rs.2,000/- each to accused No.2 and 3 after expiry of appeal period.
(Dictated to the Stenographer, transcript thereof is computerized and print out taken by him is verified and then pronounced by me in the open court on this the Tuesday the 3rd day of February 2015.) (B.VENKATESHA) V Addl.C.M.M., B'lore.
ANNEXURE
1. LIST OF THE WITNESS EXAMINED FOR THE PROSECUTION PW.1 Sathyanarayana PW.2 Jyothi PW.3 Kumar PW.4 Sudhakar PW.5 Meena PW.6 Prabhu PW.7 L Nagaraju PW.8 Babu.
2. LIST OF THE DOCUMENTS MARKED FOR THE PROSECUTION Ex-P-1 Complaint dt., 2.9.2004 Ex.P-2 to 7 Share Benefit Scheme Cards Ex.P-8 FIR Ex.P-9 Copy of complaint dt., 2.9.2004.
3. LIST OF THE WITNESS EXAMINED AND DOCUMENTS MARKED FOR THE DEFENCE:
NIL
4. LIST OF THE MATERIAL OBJECTS MARKED FOR THE PROSECUTION:
NIL (B.VENKATESHA) V Addl.C.M.M., B'lore.11 CC No.20969/2005
03.02.2015 Case called. Accused No 2 and 3 are pt., /abt., State by Sr. APP Accused No.1 abated Accused No.2 and 3 on bail For Judgment Judgment pronounced in the open Court as under vide separate Judgement kept in the file.
By acting under section 248(1) Cr.P.C. the aforesaid accused No.2 and 3 are hereby acquitted of the offence punishable U/s.420 of IPC.
They shall be set at liberty forthwith if they are not required to other cases. However, their bail and surety bonds are hereby extended for a period of 6 months from this date in view of Secs.437(A) of Cr.P.C., Refund cash security amount of Rs.2,000/- each to accused No.2 and 3 after expiry of appeal period.
(B.VENKATESHA) V Addl.C.M.M., B'lore.
12 CC No.20969/2005