Bangalore District Court
Shankar Kamath vs Sadiq Khureshi on 1 August, 2025
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C.C.No.21808/2019
KABC030677642019
Presented on : 17-09-2019
Registered on : 17-09-2019
Decided on : 01-08-2025
Duration : 5 years, 10 months, 14 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 01st DAY OF AUGUST, 2025
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.21808/2019
State by Sadashivanagar Police Station,
Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri.Shoyeb (Split up)
S/o Sikhander,
R/at Yasin Nagara,
2nd Block,
H.B.R. Layout,
Bengaluru.
2. Sadiq Khureshi
S/o Anser Khureshi,
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C.C.No.21808/2019
Aged about 32 years,
R/at No.152,
Thimmaiah Main Road,
Bharathi Nagara,
Bengaluru.
3. Faizal (Split up)
S/o Asif,
R/at Yasin Nagara,
2nd Block,
H.B.R. Layout,
Bengaluru.
4. Amzed G.M
S/o G.M.Naseer,
Aged about 43 years,
R/at No.11,
1st Floor,
Slaughter House Road,
HKP Cross Road,
Shivaji Nagara,
Bengaluru.
(Reptd., by Sri.G.M., Advocate)
Name of the Sri.Shankar Kamat
Complainant : PAMAC Finserve Ltd.,
No.08/05, 6th A Main Road,
6th Cross, Prakash Nagara,
Bengaluru.
Date of offence 29.06.2018
Date of offence reported 29.06.2018
Date of Commence of 28.06.2025
Evidence
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C.C.No.21808/2019
Date of Closure of 28.06.2025
Evidence
Offence Committed Under Section 120(B), 406, 419, 420,
468, 471, 473, 511 read with section
34 of IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
Accused by By Sri.G.M., Advocate.
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PI of Sadashivanagar Police Station submitted charge sheet against the accused No.1 to 4 for the offences punishable under section 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC.
2. The brief facts of the prosecution case is as follows:-
The case of the prosecution is that the accused No.1 to 4 joined together made criminal conspiracy were applied 4 C.C.No.21808/2019 personal loan application to CW-1 company namely Adithya Birla Capital Finance Company for Rs.5 lakhs on 25.06.2018. Subsequently, the accused persons were shows the fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies and show the said false documents as genuine documents at C.V.Raman Nagar Road, Bharatiya Vignana Mandira, Near 2nd Gate to the CW-7 and CW-8 and on 29.06.2018 at about 03.00 pm the accused persons attempted to cheat the above said financial company by providing fraudulent documents and thereby the accused have committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PI of Sadashivanagar Police Station has filed the charge sheet against the accused persons for the offences punishable under sections 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC.
3. Thereafter, the complainant has lodged the complaint in Sadashivanagar Police station. In turn they have registered the case under Crime No.0105/2018. Thereafter, 5 C.C.No.21808/2019 police visited the spot, drew the mahazar, secured in the presence of the accused persons subsequently were enlarged on bail. Thereafter, on completion of the investigation, I.O. has submitted the charge sheet against the accused No.1 to 4 for the above said offences. After filing the charge sheet, Court has taken cognizance of the offences against the accused persons and issued summons to them.
4. The accused No.2 and 4 have appeared before the court through their counsel. Copy of the prosecution papers were furnished under Section 207 of Code of Criminal procedure. The accused No.1 and 3 were split up. Thereafter, heard both side, the charges framed against the accused No.2 and 4 for the offence punishable under sections 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC. Read over and explained to the accused No.2 and 4 were pleaded not guilty and claimed to be tried.
5. To substantiate the case of the prosecution, the prosecution have examined the one witness as PW-1 and got marked three documents as Ex.P-1 and Ex.P-2. The accused No.2 and 4 did not choose to lead defense 6 C.C.No.21808/2019 evidence. The statement of the accused No.2 and 4 under Section 313 of Cr.P.C., is dispensed with.
6. Heard the arguments from both side and perused the deposition and documents.
7. After hearing the parties and on perusal of records, the following points arose for my consideration.
1. Whether the prosecution proves beyond all reasonable doubt that the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan application to CW-1 company namely Adithya Birla Capital Finance Company for Rs.5 lakhs on 25.06.2018.
Subsequently, the accused persons were shows the fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies and show the said false documents as genuine 7 C.C.No.21808/2019 documents at C.V.Raman Nagar Road, Bharatiya Vignana Mandira, Near 2nd Gate to the CW-7 and CW-8 and on 29.06.2018 at about 03.00 pm the accused persons attempted to cheat the above said financial company by providing fraudulent documents to make wrongful gain and thereby the accused have committed the offence punishable under sections 120(B) read with section 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan application to CW-1 company namely Adithya Birla Capital Finance Company for Rs.5 lakhs on 25.06.2018.
Subsequently, the accused persons were 8 C.C.No.21808/2019 shows the fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies and show the said false documents as genuine documents at C.V.Raman Nagar Road, Bharatiya Vignana Mandira, Near 2nd Gate to the CW-7 and CW-8 and on 29.06.2018 at about 03.00 pm the accused persons attempted to cheat the above said financial company by providing fraudulent documents to make wrongful gain and thereby the accused persons have committed the offence punishable under sections 406 read with section 34 of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 9 C.C.No.21808/2019 4 joined together for the purpose of cheating to the CW-1 company namely Adithya Birla Capital Finance Company applied personal loan for Rs.5 lakhs on 25.06.2018 by providing fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies and show the said false documents as genuine documents at C.V.Raman Nagar Road, Bharatiya Vignana Mandira, Near 2nd Gate to the CW-7 and CW-8 and on 29.06.2018 at about 03.00 pm the accused persons attempted to cheat the above said financial company and thereby the accused have committed the offence punishable under sections 419 and 420 read with section 34 of IPC?
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C.C.No.21808/2019
4. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan application to CW-1 company namely Adithya Birla Capital Finance Company applied personal loan for Rs.5 lakhs on 25.06.2018 by showing forged fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement to the CW-7 and CW-8 and thereby the accused persons have committed the offence punishable under sections 468 read with section 34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan 11 C.C.No.21808/2019 application to CW-1 company namely Adithya Birla Capital Finance Company applied personal loan for Rs.5 lakhs on 25.06.2018 by showing forged fraudulent documents pertaining to CW-6 as genuine i.e., pay slip and Canara Bank statement to the CW-7 and CW-8 and thereby the accused persons have committed the offence punishable under sections 471 read with section 34 of IPC?
6. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan application to CW-1 company namely Adithya Birla Capital Finance Company for Rs.5 lakhs on 25.06.2018.
Subsequently, the accused persons were 12 C.C.No.21808/2019 shows the fraudulent documents even knowing the said documents are false documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies with intent to commit forgery and thereby the accused have committed the offence punishable under sections 473 read with section 34 of IPC?
7. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time the accused No.1 to 4 joined together made criminal conspiracy were attempted to cheat the CW-1 company namely Adithya Birla Capital Finance Company by applying personal for Rs.5 lakhs by providing forged fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank 13 C.C.No.21808/2019 statement and shows the said documents to CW-7 and CW-8 and thereby the accused have committed the offence punishable under sections 511 read with section 34 of IPC?
8. What order?
8. Heard the arguments and perused the materials available on records.
9. My findings to the above points are as follows:
POINT No.1 : In the NEGATIVE.
POINT No.2 : In the NEGATIVE.
POINT No.3 : In the NEGATIVE.
POINT No.4 : In the NEGATIVE.
POINT No.5 : In the NEGATIVE.
POINT No.6 : In the NEGATIVE.
POINT No.7 : In the NEGATIVE.
POINT No.8 : As per final order, for the
following:-
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C.C.No.21808/2019
REASONS
10. Point Nos.1 to 7: These above points are inter-
linked with each others and required similar type of
appreciation of evidence, Hence, they are taken together for common discussion.
11. In support of its case, the prosecution has examined one witness, the PW-1 is the complainant and marked the documents as per Ex.P-1 and Ex.P-2 i.e., The Ex.P-1 is the complaint and Ex.P-2 is the Mahazar.
12. The case of the prosecution is that the accused No.1 to 4 joined together made criminal conspiracy were applied personal loan application to CW-1 company namely Adithya Birla Capital Finance Company for Rs.5 lakhs on 25.06.2018. Subsequently, the accused persons were shows the fraudulent documents pertaining to CW-6 i.e., pay slip and Canara Bank statement and also the accused persons were having the seal of other financial companies and show the said false documents as genuine documents at C.V.Raman Nagar Road, Bharatiya Vignana Mandira, Near 2nd Gate to the CW-7 and CW-8 and on 29.06.2018 at about 03.00 pm the accused persons attempted 15 C.C.No.21808/2019 to cheat the above said financial company by providing fraudulent documents and thereby the accused persons have committed the criminal breach of trust and cheated the complainant and committed the above offences. After completion of the investigation the PI of Sadashivanagar Police Station has filed the charge sheet against the accused persons for the offences punishable under sections 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC.
13. In the instant case the PW-1 has turned hostile to the prosecution case and not supported to the prosecution case. During the course of cross examination by the learned Sr. APP nothing has been elicited from his mouth.
14. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused person under sections 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC. When these being the facts, I am of the opinion that in total the prosecution has failed to bring home the guilt of the accused persons beyond all reasonable doubt. In view of the same, this court hold Point Nos.1 to 7 in the Negative.
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C.C.No.21808/2019
15. Point No.8: For the reasons stated and finding given to point Nos.1 to 7, the following is made.
ORDER The accused No.2 and 4 are not found guilty for the offences punishable under section 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC.
Acting under section 248(1) of Code of Criminal Procedure the accused No.2 and 4 are hereby acquitted for the offences punishable under section under section 120(B), 406, 419, 420, 468, 471, 473, 511 read with section 34 of IPC.
The bail bonds and surety bonds executed by them stand canceled.
(Directly dictated to the stenographer on computer, typed by him, revised, corrected and then pronounced by me in the open Court on this the 1st day of August, 2025).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
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C.C.No.21808/2019 ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Shankar Varish Kamath S/o Varish Kamath.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1 : Complaint;
Ex.P-1(a) : Signature of PW-1;
Ex.P-2 : Mahazar and Ex.P-2(a) : Signature of PW-1.
4. List of documents exhibited for the defense:
- NIL -
5. List of Materials objects exhibited for the prosecution:
- NIL -
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.