Bangalore District Court
State By Nandini Layout Police vs Persons Beyond All Reasonable Doubt. ... on 17 March, 2020
THE COURT OF THE VII ADDL. C.M.M., BENGALURU.
Dated this the 17th day of March 2020
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. : 5084/2009
2. Date of offence : Between 8.8.2002 and 8.8.2008
3. Complainant : State by Nandini Layout Police
Station
4. Accused : 1.Gangappa S/o Late Munigangaiah,
54 years.
2. Soubhagyamma W/o Gangappa,
45 years.
Both are residing at No. 54, 7th cross,
J.S.Nagara, Mahalakshmi Layout,
Bangalore.
5. Offences complained of : Sec. 420 r/w 34 of IPC and Sec. 76 of
Chit Fund Act 1982.
6. Plea : Accused pleaded not guilty
7. Final order : Acting U/s. 248 (1) Accused are acquitted
The PSI of Mahalakshmi Layout Police Station has filed the final
report as against the accused persons for the offences punishable under Sec.
420 r/w 34 of IPC and Sec. 76 of Chit Fund Act 1982.
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2. The brief facts of the case of the prosecution is that between
8.8.2002 and 8.8.2008 accused were running different chits in their house
at No. 54, 7th cross, JP Nagara, within the jurisdiction of Mahalakshmi
Layout from C.W.1 Srinivasarao, his brother Ashwatharao and from C.W.2
to 11 received amount worth Rs 23,25,000/- from the year 2002 to 2005
and without returning the same cheated them and also not given chit
amount to other members of the chit and thereby committed the aforesaid
offences.
3. The accused persons appeared through their counsel and released
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.
4. The prosecution in order to prove the guilt of the accused persons
had cited C.W.1 to 15 as its charge sheet witnesses, among whom C.W. 3,
1, 2, 10, 5, 6, 9, 11 and 14 have been examined as P.W.1 to 9 and got
marked Ex.P.1 to P.12 documents. The accused persons were questioned
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under Sec. 313 of Cr.P.C. for the incriminating material available in the
case of the prosecution. They denied the same and not chosen to adduce
evidence on their behalf. As such, the matter was posted for arguments.
5. Heard the learned Sr. APP for the prosecution and the learned
counsel for the accused persons. Perused the materials available on record.
6. Following point arise for my consideration:
(1) Whether the prosecution proves beyond reasonable doubt that
the accused persons have committed the offences punishable
under Sec. 420 r/w 34 of IPC and Sec. 76 of Chit Fund Act
1982 ?
(2) What order ?
7. Having regard to the arguments heard and the materials placed on
record, my answer to the above points are :
Point No.1 : In the negative.
Point No.2 : See final order, for the following :
REASONS
Point No.1:
8. P.W.1 to 8 are members are chit run by the accused persons and
they were paying monthly chit amount to the accused persons. After
completion of paying the chit amount, accused persons without paying
their entire chit amount have cheated them. P.W.1 has further stated that
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though he paid amount to accused, accused have not paid any receipt to
her. P.W.3 has stated in her evidence that the accused persons were not
having any license to run the chit. Since the accused persons have not
paid their chit amount after completion of chit, they have lodged complaint
to Police.
9. P.W.9 is the P.I. has stated in his evidence that on 8.8.2008 at
11.45 a.m. C.W.1 came to station and lodged complaint Ex.P.1 which he
registered in Crime No. 209/2008 and handed over case file to C.W.15 for
further investigation.
10. Except the evidence of these nine witnesses the prosecution has
not examined any other witnesses. P.W.1 to 6 have not been cross-
examined. Both P.W.7 and 8 in their cross-examination have stated that
there is no documentary evidence to show that the accused have to pay
money to them. Without any document for having paid chit amount or
any amount to the accused by the witnesses, it is difficult to believe their
version. P.W.9 is the P.I. has stated about receiving complaint from C.W.1
and after registering the case handed over case file to C.W.15 for further
investigation. Hence, the prayer of Sr. APP for issuance of summons to
other witnesses is rejected as sufficient opportunity has already been given
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and also in view of the fact that the case is of the year 2009. The
allegations made against the accused persons is not proved by the
prosecution. Hence, the prosecution has failed to prove the guilt of the
accused persons beyond all reasonable doubt. Accordingly, I answer the
above point in the negative.
Point No. 2 :
11. In view of the reasons stated at point No.1, I proceed to pass the
following:
ORDER
Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused are acquitted of the offences punishable U/s. 420 r/w 34 of IPC and Sec. 76 of Chit Fund Act 1982.
Bail bond and surety bond executed by the accused and their sureties shall be in force for the period of 6 months.
(Dictated to the Stenographer on-line, typed and computerized and print out taken by him is verified, corrected & then pronounced by me in the Open Court dated this the 17th day of March 2020) (LAXMAN R. KURANE), VII ACMM, BENGALURU.
6ANNEXURES:
List of witnesses examined on behalf of the Prosecution:
P.W.1 : Shantha P.W.2 : Srinviasarao P.W.3 : Hemavathi P.W.4 : Asha P.W.5 : Nagabhushana P.W.6 : Gopalarao P.W.7 : Narasimhamurthy P.W.8 : Lakshmipathi P.W.9 : Hemanth Kumar
List of documents marked on behalf of the Prosecution:
Ex.P.1 : Complaint Ex.P.2 : Particulars of chit Ex.P.3 : Ondemand of P.W.3 Ex.P.4 : Notebook Ex.P.6 & 7 : Ondemands Ex.P.8 : Mahazar Ex.P.9 & 10 : Copies of chit Ex.P.11 : Document with regard to chit Ex.P.12 : F.I.R.
List of Material Objects marked on behalf of the Prosecution:
Nil For defence: - NIL -
VII ACMM, BENGALURU.7
Judgment is pronounced in open court. Invoking the jurisdiction vested to this Court under Sec. 248(1) of the Criminal Procedure code, the accused are acquitted of the offences punishable U/s. 420 r/w 34 of IPC and Sec. 76 of Chit Fund Act 1982.
Bail bond and surety bond executed by the accused and their sureties shall be in force for the period of 6 months.
VII ACMM, BENGALURU.
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