Delhi District Court
State vs Anil Deswal & Ors on 17 March, 2018
IN THE COURT OF MS. POOJA TALWAR
CHIEF METROPOLITAN MAGISTRATE (SOUTH)
SAKET DISTRICT COURTS, DELHI
In the matter of :
State
Vs.
Anil Deswal & ors.
FIR No.328/2006
P.S Sarojini Nagar (EOW)
JUDGMENT
1. Sr. No. of case 2032516/2016
2. Date of institution 26.04.2008
3. Name of the complainant Sh. M.S. Panchal, Suptd. of Post
Office, South West Division,
Chanakyapuri, New Delhi.
4. Date of commission of offence On 23.12.2005
5. Name of accused persons (1) Anil Deswal S/o Sh. Sri Ram
Prasad R/o House No. RZ-32 A
Gali No.3, Syndicate Enclave, New
Delhi-110045.
(2) Krishan Kanahiya Noorie S/o
Sh. Mohan Lal R/o House
No.101/3 Himayun Pur Safdarjung
Enclave, New Delhi-110029.
(3) Arun Kumar
FIR No.328/2006 PS Sarojini Nagar (EOW) Page-1/19
(Proceedings stood abated vide
order dated 22.04.2013).
6. Offence complained of U/sec 420/468/471/120B IPC
7. Plea of accused Accused pleaded not guilty
8. Date of reserving the judgment 17.03.2018
9. Final order Acquitted
10 Date of such judgment 17.03.2018
BRIEF STATEMENT OF REASONS FOR
THE DECISION OF THE CASE
1. The story of the prosecution is that on 14.06.2006, a complaint was received from M.S. Panchal, Sr. Superintendent of Post Office. On the basis of the complaint FIR was registered. It is stated in the complaint that DLF Universal Ltd. purportedly dispatched letters to their shareholders for debentures issued on 23.12.2005 through a mailer M/s. Star Mailing Solutions under certificate of posting at Safdarjung Enclave Post Office. It was found that letters were actually not posted at SJ Enclave Post Office on 23.12.2005 and the records thus prepared were found fake. Delivery stamp impression of Safdarjung Enclave Post office affixed on the certificate of posting purported to have been granted to M/s. DLF Universal Ltd. were found fake and did not belong to Safdarjung Enclave. M/s. Star Mailing Solutions prepared a fake certificate of posting bearing delivery 1 st stamp dated 23.12.2005 of post office provided to DLF Universal Ltd. as a proof of posting was fake. The debenture letters were handed over to M/s. Star Mailing Solutions for posting to 1083 shareholders by UPC in lieu of a FIR No.328/2006 PS Sarojini Nagar (EOW) Page-2/19 UPC acknowledgement was issued to DLF alongwith bill for Rs.17,674/- as service charges. Payment was made by DLF to M/s. Star Mailing Solutions. During investigation, it was revealed that accused Krishan Kanahaiya Noorie and Anil Deswal in connivance with employee Arun Kumar Rai deliberately did not post the debenture letters and produced a false document of the post office. Upon completion of the investigation charge sheet was filed.
2. In compliance of Section 207 Cr.P.C the copy of the challan and the documents annexed therewith were supplied to accused persons and after hearing arguments on charge, charge under section 420/471/120B IPC was framed against the accused Anil Deswal, M/s. Star Mailing Solutions and Krishan Kanahaiya Noorie. Accused Arun Kumar expired and proceedings qua him stood abated since 22.04.2013. .
3. In order to substantiate its case, the prosecution examined 18 witnesses.
4. PW1 M.S. Panchal deposed that in the year 2006, he was posted as Senior Superintendent, Post Office, South West Division, Chanakya Puri, New Delhi. He further deposed that a complaint was received from Association of Minority Shareholders of DLF Universal Limited regarding the forged posting of offer letters of DLF-UPC (under postal certificate) and the investigation in this regard was carried out by the Vigilance Officer of their department. It was established that the letters posted under UPC were bearing forged date and stamps on the list of UPC FIR No.328/2006 PS Sarojini Nagar (EOW) Page-3/19 purported to have been issued to the addresses of minor shareholders of DLF Universal from Safdarjung Enclave, Post Office. Accordingly, he made a complaint to the SHO PS Sarojini Nagar vide Ex.PW1/A. He further deposed that on the request of the IO, the attested copies of documents regarding the present case were handed over by Sh. D.N. Sharma, Assistant Superintendent of Post Office to IO and same were seized vide seizure memo vide Ex.PW1/B. He further deposed that on 16.03.2007, he handed over 31 documents relating to the mail agency M/s. Star Mail Solutions owned by accused Krishan Kanhaiya Noori. His letter in this regard vide Ex.PW1/C. He exhibited enquiry report vide Ex.PW1/D. He also exhibited photocopies of the licence granted to M/s. Star Mailing Solutions vide Ex.PW1/E and photocopies of distribution of work of Safdarjung Enclave Post Office vide Ex.PW1/F. He also exhibited the documents having 19 impressions of stamps/seals vide Ex.PW1/G, having 58 impressions of stamps/seals vide Ex.PW1/H. His supplementary statement was recorded on 20.06.2006.
5. PW2 Mahendra Singh deposed that on 08.07.2006, he had joined the investigation with the IO. He handed over the original UPC acknowledgment of debenture offer letters, bill of M/s. Star Mailing Solution, addressed to DLF Universal Ltd., letter dated 19.06.2006 addressed to M/s. Star Mailing Solutions, reply letter dated 21.06.2006 addressed to DLF Ltd. by Star Mailing Solutions, letter dated 05.06.2006 addressed to Editor the Statesmen Newspaper, affidavit of accused Krishan Kanhaiya Noori and accused Arun Kumar Rai (since expired) was seized by FIR No.328/2006 PS Sarojini Nagar (EOW) Page-4/19 the IO vide seizure memo Ex.PW2/A and exhibited the said documents vide Ex.P1. He exhibited the seizure memos vide Ex.PW2/B, Ex.PW2/C, Ex.PW2/D and exhibited the said documents vide Ex.P2, Ex.P3, Ex.P4 to Ex.P10. IO had recorded his statements on 08.07.2006, 11.07.2006 and 12.07.2006.
6. PW-3 Sushil Kumar Nangia exhibited certain documents i.e. one application form and literature of debenture right vide Ex.PW3/1. Witness was also cross-examined by Ld. APP.
7. PW-4 Dheeraj Lath, Dy. Manager, HDFC Bank brought the original account opening form of Star Mailing Solution opened at HDFC Bank, Deer Park Branch on 24.09.2003 and copy of the same alongwith its annexures i.e. copy of pan card in the name of accused Anil Deswal vide Ex.PW4/1. He deposed that at the time of account opening in the name of Star Mailing Solution, its proprietor accused Anil Deswal had given a cheque of Rs.10,000/- of HDFC Bank from his individual saving account bearing no.5031000058043 and copy of this cheque vide Mark 4/A. Certified copy of statement of account bearing no.5032000018175 in the name of Star Mailing Solution vide Ex.PW4/2.
8. PW-5 Pukhraj Sharma, Retd. Assistant Post Master General (Vigilance and Investigation) Delhi Postal Circle deposed that on 06.06.2006, CPMG, Delhi circle handed over him the inquiry regarding bogus posting of mails by DLF Universal Ltd. He concluded his inquiry on 09.06.2006. The final out come of his report vide already Ex.PW1/D was that mails purported to have been posted from DLF Universal Ltd. through FIR No.328/2006 PS Sarojini Nagar (EOW) Page-5/19 Star Mailing Solution was infact not posted from Safdarjung Enclave post office and the UPC certificate purported to have been granted was found to be fake. It was claimed by DLF Universal Ltd. that they had engaged Star Mailing Solution for posting their mails. During inquiry, he also examined the certificate which was claimed to be issued by Safdarjung Enclave Post office and these post offices stamps on the UPC lists were also found to be fake.
9. PW-6 Hari Haran deposed that he was the Company Secretary in the year 2005 with the company DLF Universal Ltd. located at DLF Centre, Sansad Marg, New Delhi when the convertible debentures were offered to the shareholders of the company. He deposed that while giving UPC register as evidence of dispatch the Star Mailing Solutions gave a bill of Rs.17,000/- and exhibited the said bill vide Ex.PW6/P1 which was paid by the company by way of a cross cheque of Citi Bank. He also exhibited UPC register vide Ex.PW6/P2, office copy of their letter addressed to the mailer vide Ex.PW6/P3, original letter of Star Mailing Solutions to their company vide Ex.PW6/P4, original affidavit which was given by the proprietor of M/s. Star Mailing Solutions vide Ex.PW6/P5, original affidavit of the employee of M/s. Star Mailing Solutions vide Ex.PW6/P6, a resolution dated 20.02.2006 regarding conversion of debentures into equity shares vide Ex.PW6/P7, certified copy of resolution of the Board of Directors of his company regarding the payment of call money from the shareholders vide Ex.PW6/P8, certified copy of resolution of the Board of Directors of his company regarding the conversion of debentures into equity shares for FIR No.328/2006 PS Sarojini Nagar (EOW) Page-6/19 those shareholders who had paid the balance money on the debentures vide Ex.PW6/P9, certified copy of resolution of the Board of Directors of his company regarding the allotment of equity shares to the debenture holders who had fully paid the debentures vide Ex.PW6/P10. He had handed over UPC register vide Ex.PW6/A, registers vide Ex.PW6/P12 and Ex.PW6/P17, dispatch register dated 03.10.2003 and written mails to the IO vide Ex.PW6/B and registers vide Ex.PW6/P11 and Ex.PW6/P18.
10. PW-7 Devansh Sharma, Manager, Indian Overseas Bank brought the original account opening form of current no.3010 of Star Mailing Solutions and account statement. He exhibited the copy of account opening form alongwith annexures vide Ex.PW7/P1. He deposed that as per the bank account opening form the proprietor of M/s. Star Mailing Solutions was accused Krishna Kanhaiya Noori who applied for opening of account in their bank. He also exhibited the complete account statement of M/s. Star Mailing Solutions with the name of accused Krishna Kanhaiya Noori vide Ex.PW7/A and account opening form bearing no.11982 in the name of accused Anil Kumar alongwith specimen signatures of accused Anil Kumar vide Ex.PW7/B, statement of above said account vide Ex.PW7/C.
11. PW-8 Padam Singh marked the UPC register dated 23.12.2015 vide Mark A and the specimen stamp impression vide Mark B of the post office Safdarjung Enclave.
12. PW-9 Sanjeev Khanna deposed that on 19.07.2006 he was posted at Safdarjung Enclave post office as a Postal Assistant. IO recorded FIR No.328/2006 PS Sarojini Nagar (EOW) Page-7/19 his statement u/s 161 Cr. PC. He exhibited UPC receipts of mailing list of DLF Universal Ltd vide Ex.PW9/A (OSR).
13. PW-10 Sh. Ashok Kumar deposed that he was posted at Safdarjung Enclave post office as Postal Assistant in year 2005. Witness was also cross-examined by Ld. APP. IO also recorded his statement vide Ex. PW 10/A.
14. PW-11 Sandeep Dutta deposed that on 22.12.2005, accused Anil Deswal had come to their office DLF Center Sansad Marg and he had handed over to accused Anil Deswal letter of offer, Envelops and UPC list for dispatch as he used to dispatch letters on behalf of their company. On 23.12.2005 he visited accused Anil Deswal's office at Safdarjung Enclave to verify whether the dispatch is properly stamped or not. He checked randomly and found dispatches properly stamped. A payment of bill was made to accused Anil Deswal's company and the name of his firm was M/s Star Mailing Solution. The bill was raised around Rs. 17,000/- by accused Anil Deswal's firm. Witness correctly identified accused Anil Deswal before the court.
15. PW-12 Inspector Asha Singh deposed that she was performing the duty as duty officer. She received a rukka and made endorsement on it vide Ex.PW12/A. On the basis of said rukka present case FIR vide Ex.PW12/B was registered by her.
16. PW-13 ASI Kabul Singh deposed that on 11.02.2007, IO Inspector Kulbir Singh joined him in the investigation in the present case. Accused Anil Deswal and accused Krishan Kanhaiya Noorie were arrested FIR No.328/2006 PS Sarojini Nagar (EOW) Page-8/19 by the IO in the office of EOW vide arrest memos Ex.PW13/A and Ex.PW13/B and body inspection were conducted vide body inspection memos Ex.PW13/C and Ex.PW13/D. Personal search were also conducted vide personal search memos vide memos Ex.PW13/E and Ex.PW13/F. Disclosure statements were recorded vide Ex.PW13/G and Ex.PW13/H. Some documents were recovered from the house search of accused Anil Deswal as well as accused Krishan Kanhaiya Noorie and same were seized by the IO vide seizure memos Ex.PW13/I and Ex.13/J. Thereafter, they came back to office. Accused Anil Deswal as well as accused Krishan Kanhaiya Noorie were put into the lock up. Supplementary disclosure statements were recorded vide Ex.PW13/K, Ex.PW13/L, Ex.PW13/N, Ex.PW13/O, Ex.PW13/P and Ex.PW13/Q. Some documents were recovered from the office search of accused Anil Deswal as well as accused Krishan Kanhaiya Noorie and same were seized by the IO vide seizure memos Ex.PW13/M. Witness correctly identified accused Anil Deswal and accused Krishan Kanhaiya Noorie before the court.
17. PW-14 Omvir Singh Yadav deposed that in the year 2005, he was working as a delivery clerk at Safdarjung Enclave Post Office. He used to perform the duty of receiving the daks for the purpose sent to the office for delivery and to further get these daks distributed through postman. He had two delivery dak stamps for the purpose of putting them on the daks. The stamp of delivery is supposed to be put on the dak which is meant for the purpose of distribution and not on the receiving daks.
18. PW-15 Inspector Arvind Kumar deposed that on 14.06.2006, a FIR No.328/2006 PS Sarojini Nagar (EOW) Page-9/19 complaint was received from Sh. M.S. Panchal, Senior Superintendent of Post Office, South-West Division, New Delhi vide DD No.54 B. He made his endorsement vide Ex.PW15/A on the said complaint already Ex.PW1/A.
19. PW-16 Thakur Mahender Kapoor, Manager, Citi Bank produced the statement of account no.0422216227 held in the name of DLF Center for a duration since inception (01.01.2010) of account opening date till the order dated (05.05.2017) vide documents Ex.PW16/A. He also produced the certificate u/sec 65 B of Indian Evidence Act as well as certificate u/sec 2 A of Bankers Books Evidence Act, 1891 vide Ex.PW16/B and Ex.PW16/C.
20. PW-17 Inspector Kulbir Singh deposed that on receipt of directions from Senior Officers, the investigation of the present case was marked to him from the previous IO Inspector Arvind Kumar. During investigation, he had seized documents from postal authorities vide seizure memos Ex.PW17/A, Ex.PW17/C, Ex.PW17/D, Ex.PW17/F, Ex.PW17/I-3, and said documents vide Ex.PW17/B, Mark PW17/A, Ex.PW17/E1, Ex.PW17/E2 Ex.PW17/F1, Ex.PW17/F2, Ex.PW17/F3, Ex.PW17/G1 Ex.PW17/G2, Ex.PW17/G3, Ex.PW17/H1, Ex.PW17/H2, Ex.PW17/H3, Ex.PW17/I, Ex.PW17/I-1, Ex.PW17/I-2, Ex.PW17/J, Ex.PW17/J-1. Accused Anil Deswal and accused Krishan Kanhaiya Noorie were arrested, personally searched and body inspection conducted. Disclosure statements and supplementary disclosure statements were recorded. Certain documents were seized at the instance of accused Anil Deswal as well as accused Krishan Kanhaiya Noorie. Witness correctly identified accused Anil FIR No.328/2006 PS Sarojini Nagar (EOW) Page-10/19 Deswal and accused Krishan Kanhaiya Noorie before the court.
21. PW-18 Devak Ram, Retd. Assistant Director (Documents), FSL, Rohini, Delhi exhibited his report vide Ex.PW18/A, forwarding letter alongwith the report vide Ex.PW18/B. He also exhibited specimen sample stamp impressions from Mark S1 to S66 and S69 to S70 vide Ex.PW18/C.
22. Statements of both the accused U/s 313 Cr.P.C. were separately recorded wherein all the incriminating evidence was put to them for seeking their explanation. It is stated by accused Anil Deswal that he is innocent. He has been falsely implicated in the present case. On 23.12.2005, he had not gone for the postage of the above stated envelopes through UPC of M/s. DLF. Sh. Arun Kumar Rai who was an employee of M/s. Star Mailing Solution went from their office alongwith Sh. Sandeep Dutta, Assistant Manager of M/s. DLF on 23.12.2005. Sh. Sandeep Dutta after postage of the said envelopes left for his office and Sh. Arun Kumar Rai returned to their office i.e. M/s. Star Mailing Solution alongwith the loose sheets of UPC receipts. It is stated that M/s. DLF had supplied them the typed pages of postage register containing addresses of the shareholders and also supplied them the material which was to be posted alongwith the postal envelopes. They have affixed postal stamp of Rs.15/- on each envelope and also affixed required postal stamps on UPC receipts and submitted a bill of Rs.17,000/- to M/s. DLF which was approximately the cost of postal stamps affixed on the envelopes and UPC receipts as such M/s. Star Mailing Solution was not going to get any monetary gain by not posting the FIR No.328/2006 PS Sarojini Nagar (EOW) Page-11/19 above stated 1083 envelopes. Moreover, as he had not gone for the postage of said envelopes he was not aware as to from which post office the same were posted by their employee Arun Kumar Rai and Sh. Sandeep Dutta, Assistant Manager of M/s. DLF. Though the said Arun Kumar Rai had been arrayed as an accused in the present charge sheet but he was not interrogated or arrested by the IO in the present case. It is also submitted that as per prosecution, 107 envelopes out of 1083 envelopes have been returned undelivered by the postal department with endorsement giving different reasons which shows that the said envelopes were duly posted on 23.12.2005. It is further submitted that he being the attorney of Krishan Kanahaiya Noorie, is not vicariously liable for any act of commission or omission committed by Sh. Arun Kumar Rai who was an employee and had gone for postage of the said letters on 23.12.2005. On the other hand, accused Krishan Kanahaiya Noorie has stated that he is innocent. He has been falsely implicated in the present case. He had already left M/s. Star Mailing Solution in the year 2003. He started plying an auto and also used to work in Sarojini Nagar Market during the relevant time. He is unaware about any facts of the present case since he was not involved in any affairs of M/s. Star Mailing Solution when the alleged incident occurred.
23. I have heard Ld. APP for the State and Ld. counsel for the accused. I have carefully perused the case file in light of the submissions advanced by the respective counsels.
FIR No.328/2006 PS Sarojini Nagar (EOW) Page-12/19 Brief reasons for final decision
24. The allegations aginst the accused persons are that both of them in connivance with co-accused Arun Kumar (since deceased) induced the complainant to deliver Rs.17,674/- by dishonestly using forged UPC receipts which they have reason to believe to be forged.
25. It is the case of the prosecution that on 22.12.2005, letters of offer, envelops and UPC list for dispatch were handed over to accused Anil Deswal by Sandeep Dutta who was the manager of the complainant company. The envelops were sorted out city wise and stamps were affixed on the envelops as well as on the UPC register by the mailer (M/s. Star Mailing Solution). Accused Arun Kumar of the mailer company went with these letters to Safdarjung Enclave Post office and handed over to post office for dispatch. The officer of the post office cancelled the stamp on the UPC register and the envelops before the mailer. The total number of envelops were 1084 and the value of the stamp was 1095. Later on complaint was received from Assocation of Minority Shareholders of DLF Universal Ltd. alleging non-receipt of letters posted under certificate of posting by DLF Universal Ltd. On inquiry it was found that letters were actually not posted at the post office on 23.12.2015 under certificate of posting and records thus prepared were found fake and bogus "Delivery 1 st date stamp impression of Safdarjung Enclave Post office affixed on the certificate of posting purported to have been granted to M/s. DLF Universal Ltd., on 23.12.2005 were found fake.
FIR No.328/2006 PS Sarojini Nagar (EOW) Page-13/19
26. Investigation was carried out and it was revealed that the accused persons did not post letters to 1083 shareholders under UPC through post office Safdarjung Enclave but charged a sum of Rs.17,674/- to the DLF company. They also produced a false document by putting fake stamp impressions of Post office SJ Enclave and hence, committed an offence of cheating against the DLF Company.
27. It is an admitted case of the prosecution that when the letters were taken by accused Arun Kumar (since deceased) Manager of the complainant company PW11 Sandeep Dutta went alongwith him. Testimony of PW11 would be relevant. It is stated by him that "on 23.12.2005 I visted his office at S.J. Enclave to verify whether dispatch is properly stamped or not. I checked randomly and found dispatches properly stamped. While I was coming back to my office I saw one of his employee entering into S.J Enclave post office alongwith all dispatches". His testimony establishes on record that letters were properly stamped.
28. Moreover, inquiry report Ex.PW1/D categorically states that PW11 Sandeep Dutta had earlier stated that the officer of the post office cancelled the stamps on the UPC register and the envelops before mailer and himself (Sandeep Dutta) but later on Sandeep Dutta changed his earlier version of visiting the post office in person and also about defacing the postal stamp in his presence. He stated that he went to the Post office with the mailer but left the post office when he went to the floor of the post FIR No.328/2006 PS Sarojini Nagar (EOW) Page-14/19 office.
29. Statement of Sandeep Dutta Ex.PW5/DA specifically mentions the fact of dispatch of 1084 envelops with stamp of 1095. Thereafter, he resiled from his statement and stated that he was not present at the time when the letters were presented to the officer of the post office by accused Arun Kumar.
30. Statement of Arun Kumar Ex.PW5/DB would categorically state that Sandeep Dutta was present with him when he gave the letter of dispatch to officer of post office. He further stated that the register of DLF was bound and given to him by Sandeep Dutta which was later handed over to Anil Deswal. This statement is relied by the prosecution which corroborates the inquiry report Ex.PW1/D.
31. Accused persons have been charged with the offence of cheating DLF Company by inducing them to deliver Rs.17,674/-, without dispatching the letters and also presenting forged receipts to DLF.
32. As per the prosecution the letters were not dispatched by the accused persons however, it has come in the testimony of PW6 Sh. Hari Haran that 100 letters were returned to M/s. DLF Ltd. undelivered by postal department due to various reasons. This statement of PW6 negates the allegations of the prosecution that the letters were not posted at all. It is not FIR No.328/2006 PS Sarojini Nagar (EOW) Page-15/19 the case of the prosecution that all the letters were not posted but few letters were posted. Return of undelivered letters to the complainant proves on record that the letters were actually posted. These undelivered envelops are of addresses in different cities. It is not explained by the prosecution how few letters were received back undelivered when as per them the letters were not dispatched at all.
33. As per PW11 Sandeep Dutta he had himself seen that the letters were properly stamped. It is not the case of the prosecution that the stamps of Rs.17,674/- were not purchased by the accused persons. The allegationss levelled against the accused persons is that the letters were not dispatched. The accused persons had claimed amount of Rs.17,674/- from the complainant company which was actually spent by them in purchasing the stamps.
34. PW11 is not a trustworthy witness as he had changed his statements on several occassion. Upon inquiry by the postal department he first stated that he was present with the mailer at the time of dispatch, thereafter, he changed his statement that he was not present at the time when the mailer went to the floor of the post office. There are inconsistencies and discrepencies in his testimony hence, not much credence can be given to his deposition. He was the only person who could have proved the case of the prosecution but due to inconsistency his testimony cannot be relied upon.
FIR No.328/2006 PS Sarojini Nagar (EOW) Page-16/19
35. Complaint on the basis of which the investigation was initiated was that the Minority Shareholders had filed the complaint for non-receipt of offer letters. Neither the letters/complaint by the shareholders is on record nor any of the shareholders had been produced in the witness box to state that the letters were not actually received by them.
36. Accused persons have been charged with the offence of cheating and one of the essentials of cheating is cause of 'wrongful gain' to the accused and 'wrongful loss' to the complainant. Non-delivery of letters could not have caused any wrongful gain to the accused persons. Benefit of non-delivery of letters could have been enjoyed by the employees of the DLF Company as they would have purchased the debentures in case the same was not done by the shareholders. It is nobody's case that the benefit of debenture accured in favour of the accused persons.
37. Neither any wrongful gain was caused to the accused nor a wrongful loss to the complainant as it is established on record that the letters were dispatched and the amount of Rs.17,674/- charged by the accused was for the stamps actually purchased by the accused persons.
38. Accused persons have also been charged with offence under section 471 IPC for fraudulently using the forged stamp of the postal department. No definite opinion has been received from the FSL. Moreover, in case the stamp impressions were found to be fake then how FIR No.328/2006 PS Sarojini Nagar (EOW) Page-17/19 the letters were received back undelivered.
39. The two accused persons before the court admittedly did not go to the post office for dispatching the lettes. It was Arun Kumar (since deceased) as well as Sandeep Dutta who had gone to the Post Office for dispatch of letters.
40. Admittedly, Kishan Kanhaiya Noorie was the proprietor of M/s. Star Mailing Solutions who had authorized accused Anil Deswal to deal with the business of the firm. It is stated by him in his statement u/sec 313 Cr. P.C. that he was continously doing different jobs and was not involved in day to day affairs of the firm. None of the witness has deposed anything against the said accused.
41. The prosecution has failed to prove any wrongful gain caused to the accused persons in commission of the alleged offence. From the facts that have emerged both in charge sheet as well as testimony of prosecution witnesses there is no iota of evidence to prove that accused persons had received more amount than that was legally recoverable from the complainant company. Involvement of employees/officers of the complainant company cannot be ruled out for the fact that non-delivery of letters would have solely benefitted the officers of the complainant company.
FIR No.328/2006 PS Sarojini Nagar (EOW) Page-18/19
42. On discernment of entire evidence led by prosecution the story put forth seems improbable. The prosecution has misearably failed to prove the allegations levelled against the accused persons.
43. The burden of proving guilt of the accused lies on the prosecution and the prosecution is required to stand on its own legs to establish the culpability of the accused. The benefit of doubt, if any, must go in favour of the accused.
44. In view of the above discussions it is held that the prosecution has failed to prove its case against the accused persons and have not been able to prove the charge for the offence U/s 420/471/120 B IPC against the accused persons. Accordingly, the accused persons are hereby acquitted for the offence U/s 420/471/120 B IPC.
45. Ordered accordingly.
Announced in the open
Court on 17.03.2018 (Pooja Talwar)
CMM (South), Saket Courts,
New Delhi
Certified that this Judgment contains 19 pages and each page is signed by me.
(Pooja Talwar) CMM (South), Saket Courts, New Delhi FIR No.328/2006 PS Sarojini Nagar (EOW) Page-19/19