Bangalore District Court
Girish K.V. (G.P.A. Holder) vs Harish Kumar B Alias Harish on 6 January, 2026
1
C.C.No.4901/2021
KABC030158752021
Presented on : 04-03-2021
Registered on : 04-03-2021
Decided on : 06-01-2026
Duration : 4 years, 10 months, 2 days
IN THE COURT OF III ADDL. CHIEF JUDICIAL
MAGISTRATE AT BENGALURU CITY
DATED THIS THE 6TH DAY OF JANUARY, 2026
PRESENT.
SRI. SIDDARAMA.S. M.A, LL.M.
III ADDL. CHIEF JUDICIAL MAGISTRATE
AT BENGALURU CITY
C.C.No.4901/2021
State by Karnataka Rajajinagar Police Station, Bengaluru.
(Represented by Sr. APP)
V/s
Accused Persons 1. Sri.Harish Kumar.B @ Harish
S/o Beerappa,
Aged about 24 years,
R/at No.1542, 6th Cross,
Corporation Colony,
Govindarajanagara,
Bengaluru-79.
2
C.C.No.4901/2021
2. Sri.Girish Gowda (Abated)
S/o Puttaswamy,
Aged about 32 years,
R/at No.58/1, 8th Cross,
1st Main Road,
Deepanjali Nagar,
Bengaluru.
3. Sri.Bhaskar.J
S/o Jaikumar,
Aged about 28 years,
R/at No.15, 2nd Cross,
Cholarapalya,
Magadi Road,
Bengaluru - 23.
4. Sri.Halesh.K (Split up)
S/o Nagappa.K,
Aged abut 31 years,
R/at No.390, Tooda Layout,
Near H.M.S.School,
Tumakur Town, Tumakur.
(Reptd., by Sri.V.C,, Advocate)
Name of the Sri.Girish K.V.
Complainant : GPA Holder ,
Sriram Transport Finance Company,
No.495, 2nd Floor, 7th Main, CBI Road,
Ganganagar, Bengaluru-560 032.
Date of offence 23.02.2013 to 06.08.2015
Date of offence reported 06.08.2015
Date of Commence of 18.12.2025
Evidence
3
C.C.No.4901/2021
Date of Closure of 18.12.2025
Evidence
Offence Committed Under Section 406, 408, 418, 420,
468, 471, read with section 34 of
IPC.
Opinion of Judge Found not guilty.
Complainant by Learned Senior Assistant Public
Prosecutor.
Accused by By Smt.R.K, Advocate
(SIDDARAMA.S.)
III ADDL. CHIEF JUDICIAL MAGISTRATE,
AT BENGALURU CITY.
JUDGMENT
The PI of Rajajinagar Police Station submitted charge sheet against the accused persons for the offences punishable under sections 406, 408, 418, 420, 468, 471,120(B) 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 was purchased a Tempo Traveler bearing registration No.KA-01-C- 4
C.C.No.4901/2021 9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2 nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement 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 PSI of Rajajinagar Police Station has filed the charge sheet against the accused persons for the offences punishable under sections 5 C.C.No.4901/2021 406, 408, 418, 420, 468, 471, 120(B) read with section 34 of IPC.
3. Thereafter, the complainant has lodged the complaint in Rajajinagar Police station. In turn they have registered the case under Crime No.0234/2015. Thereafter, police visited the spot, drew the mahazar, secured in the presence of the accused persons subsequently the accused persons enlarged on bail. Thereafter, on completion of the investigation, I.O. has submitted the charge sheet against the accused persons 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 persons have appeared before the court through their counsel. Copy of the prosecution papers were furnished under Section 207 of Code of Criminal procedure. Thereafter, heard both side. The accused No.2 is abated and accused No.4 is split up. the charges framed against the accused No.1 and 3 for the offences punishable under sections 406, 408, 418, 420, 468, 471 read with section 34 of IPC. Read 6 C.C.No.4901/2021 over and explained to the accused No.1 and 3 and 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 two documents as Ex.P-1 and Ex.P2. The accused persons did not choose to lead defense evidence. The statement of the accused persons 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 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle 7 C.C.No.4901/2021 at Rajajinagar, 2 nd Block, 12 th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have committed the criminal breach of trust and committed 8 C.C.No.4901/2021 the offence punishable under section 406 read with section 34 of IPC?
2. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time that the accused person for the purpose of cheating the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused 9 C.C.No.4901/2021 No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have cheated the complainant and committed the offence punishable under section 408 read with section of IPC?
3. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time that the accused person for the purpose of cheating the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance 10 C.C.No.4901/2021 Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have committed 11 C.C.No.4901/2021 the offence punishable under section 418 read with section 34 of IPC?
4. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time that the accused person for the purpose of cheating the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused 12 C.C.No.4901/2021 No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have committed the offence punishable under section 420 read with section 34 of IPC?
5. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time that the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle 13 C.C.No.4901/2021 at Rajajinagar, 2 nd Block, 12 th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have committed the offence punishable under section 468 read with section 34 of IPC?
14
C.C.No.4901/2021
6. Whether the prosecution proves beyond all reasonable doubt that the above said date, place and time that the accused person the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C- 9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of 15 C.C.No.4901/2021 Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement and thereby the accused persons have cheated the complainant and committed the offence punishable under section 471 read with section 34 of IPC?
7. 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.
16
C.C.No.4901/2021
POINT No.5 : In the NEGATIVE.
POINT No.6 : In the NEGATIVE.
POINT No.7 : As per final order, for the
following:-
REASONS
10. Point Nos.1 to 6: 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 got marked two documents Ex.P-1 is the Complaint and Ex.P-2 is the statement of PW-1.
12. The case of the prosecution is that the accused No.1 was purchased a Tempo Traveler bearing registration No.KA-01-C-9116 by obtaining loan from Sriram Transport Finance Company Limited and registered the vehicle documents by hypothecating the said vehicle at Rajajinagar, 2nd Block, 12th Main Road, Sir.M.Vishweshwaraiah Complex, Bengaluru (West) R.T.O. Office. Thereafter, the accused No.1 did not repay the 17 C.C.No.4901/2021 loan installments of the said vehicle. The accused No.4 was working as a Executive at Sriram Transport Finance Company Limited, Ganganagar Branch, even he has knowingly cause loss to the company he joined with the accused No.1 to 3 made criminal conspiracy Form No.35 and fraudulently created the seals of Sriram Transport Finance Company and put the same on the Letter Head and fraudulently signed on the said letter head of CW-2 and CW-3 and created the documents as full and final settled the loan and shows the said documents at CW-9 RTO office and canceled the hypothication agreement 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 PSI of Rajajinagar Police Station has filed the charge sheet against the accused person for the offences punishable under sections 406, 408, 418, 420, 468, 471, 120(B) 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. 18
C.C.No.4901/2021
14. In this case, the prosecution has failed to elicit anything favorable to it to prove the allegations against the accused person under sections 406, 408, 418, 420, 468, 471, 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 person beyond all reasonable doubt. In view of the same, this court hold Point Nos.1 to 6 in the Negative.
15. Point No.7: For the reasons stated and finding given to point Nos.1 to 6, the following is made.
ORDER The accused No.1 and 3 are not found guilty for the offences punishable under section 406, 408, 418, 420, 468, 471 read with section 34 of IPC .
Acting under section 248(1) of Code of Criminal Procedure the accused No.1 and 3 are hereby acquitted for the offences punishable under section 406, 408, 418, 420, 468, 471 read with section 34 of IPC.
19
C.C.No.4901/2021 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 6th day of January, 2026).
(SIDDARAMA.S.) III ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY.
ANNEXURE
1. List of witnesses examined for the prosecution:
PW-1 : Sri.Girish K.V.
2. List of witnesses examined for the defense:
- NIL -
3. List of documents exhibited for the prosecution:
Ex.P-1 : Complaint dated 03.08.2015; Ex.P-1(a) : Signature of PW-1;
Ex.P-2 : Statement 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.