Bangalore District Court
Usha Rani vs C M Krishna Murthy on 5 October, 2024
KABC030187612014
Presented on : 15-03-2014
Registered on : 15-03-2014
IN THE COURT OF THE I ADDL.CJM: BENGALURU
Dated this the 5th of October 2024
Present: Shri Prakash.C.D, B.A., LL.B
I Addl. C.J.M BENGALURU.
JUDGMENT U/s.355 Cr.P.C.,
Case No. C.C.No.6502/2014
Date of Offence
Name of complainant State by CCB,
Bengaluru.
(By Learned
Sr. APP)
V/s.
Name of accused Krishnamurthy,
s/o.late.Mayappa, 50 yrs,
No.242, Patalamma layout,
Kadugodi, Bengaluru.
(By Babu, Advocate)
Offences complained off U/s.420 r/w.34 of IPC, sec.
3,4 & 5 of The Prize Chits
and Money Circulation
Scheme (Banning) Act and
2 C.C.No.6502/2014
U/s.76 and 79 of Chit Funds
Act
Plea of accused Pleaded not guilty
Final Order Accused is acquitted
Date of Order 05-10-2024
JUDGMENT
The charge sheet is submitted by the PI of CCB, Bengaluru against the accused for the offences punishable under section 420 r/w.34 of IPC, sec. 3,4 & 5 of The Prize Chits and Money Circulation Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act.
2. The prosecution case in brief is as under ; That the accused no.1 in his house situated at No.18, Srikrishna Sadan, was running Maruthi Finance and Chit fund company without any valid license and without obtaining chit agreements from the subscribers, collected subscription from CW 1 and others totally to an extent of Rs.8 lakhs and without repaying the money to her, cheated her. Thus the accused has committed the offences punishable under section 420 r/w.34 of IPC, sec.3,4 & 5 of The Prize Chits and Money Circulation 3 C.C.No.6502/2014 Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act.
3. The complainant has given complaint to the CCB police and accordingly the police have registered the case in crime No.59/2013. The concerned police after completing the investigation have filed charge sheet against the accused.
4. On the receipt of charge sheet the cognizance was taken. The prosecution papers are given to the accused. The charge was framed and read over to the accused . The accused pleaded not guilty and claimed to be tried, accordingly the plea of the accused was recorded.
5. The prosecution in support of their case have got examined the complainant/victim as Pw.1 and got marked one document at Ex.P.1 .
6. The statement of accused U/s 313 of Cr.P.C is dispensed with as there was no incriminating evidence against the accused. The accused has not chosen to adduce defence evidence.
4 C.C.No.6502/2014
7. Heard arguments on both side.
8. The points that arise for consideration is as under :
1. That the accused no.1 in his house situated at No.18, Srikrishna Sadan, was running Maruthi Finance and Chit fund company without any valid license and without obtaining chit agreements from the subscribers, collected subscription from CW 1 and others totally to an extent of Rs.8 lakhs and without repaying the money to her, cheated her.
Thus the accused has committed the offences punishable under section 420 r/w.34 of IPC, sec. 3,4 & 5 of The Prize Chits and Money Circulation Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act and within my cognizance ?
2. What order ?
9. My answers to the above points are as under ;
Point No.1 : In the Negative.
Point No.2 : As per final order for the
following ;
REASONS
10. Point No.1 :- The allegation of the prosecution against the accused is that the accused no.1 in his house situated at No.18, Srikrishna Sadan, was running Maruthi 5 C.C.No.6502/2014 Finance and Chit fund company without any valid license and without obtaining chit agreements from the subscribers, collected subscription from CW 1 and others totally to an extent of Rs.8 lakhs and without repaying the money to her, cheated her. Thus the accused has committed the offences punishable under section 420 r/w.34 of IPC, sec. 3,4 & 5 of The Prize Chits and Money Circulation Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act.
11. In order to prove the allegations made against the accused, prosecution has got examined the complainant/victim as Pw.1 and got marked the complaint at Ex.P.1.
12. On careful perusal of prosecution papers it shows that the specific allegation made against the accused that the accused has cheated the CW 1.
13. In view of the allegation made against the accused, at the first it is proper to look in to the evidence of Cw.1 who is the complainant/victim, who is examined as PW-1.
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14. Further PW-1 who is the complainant and the victim of the alleged offence has deposed as under :
" 2011 ರಲ್ಲಿ 1ನೇ ಆರೋಪಿಯ ಬಳಿ 50 ಲಕ್ಷದ ಚೀಟಿಯನ್ನು ಹಾಕಿದ್ದು , ಆ ಪೈಕಿ ಸ್ವಲ್ಪ ಹಣವನ್ನು ನನಗೆ ನೀಡಿರುತ್ತಾರೆ , ಪೋಲೀಸರ ಮಧ್ಯಸ್ಥಿಕೆಯಲ್ಲಿ ನನಗೆ ಬರಬೇಕಾದ ಚೀಟಿ ಹಣವನ್ನು 1ನೇ ಆರೋಪಿಯಿಂದ ಕೊಡಿಸಿರುತ್ತಾರೆ , ತಾನು ಈ ಪ್ರಕರಣವನ್ನು ಮುಕ್ತಾಯಪಡಿಸಿಕೊಳ್ಳುತ್ತೇನೆ.
15. PW-1 being the complainant/victim has completely turned hostile and not supported the prosecution case and deposed that there was no any offences made by the accused.
16. Though the learned A.P.P treating the PW 1 as hostile and cross examined the Pw.1 but nothing is uttered by the Pw.1 in order to support the prosecution case. It shows that the accused and the complainant/victim have compromised the matter out of the Court and as such she is not supporting the prosecution case.
7 C.C.No.6502/2014
17. In the present case on hand the important material witness and victim of the offences herself has turned hostile and has not supported the case of prosecution and accordingly prosecution has utterly failed to prove the case. The prayer of learned Sr.APP to issue summons to other witnesses is Rejected as no purpose will be served by issuing summons to other witnesses, as the complainant herself has turned hostile to the case of the prosecution. Hence, it cannot be held that the accused has committed the offences punishable under section 420 r/w.34 of IPC, sec. 3,4 & 5 of The Prize Chits and Money Circulation Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act. Accordingly I answered this point in the Negative.
18. Point No.2 :- In view the findings given in point No.1, I proceed to pass the following ;
ORDER Acting under section 248(1) of Cr.P.C accused is hereby Acquitted for the offences punishable under section 420 r/w.34 of IPC, sec. 3,4 & 5 of The Prize Chits and 8 C.C.No.6502/2014 Money Circulation Scheme (Banning) Act and U/s.76 and 79 of Chit Funds Act.
The bail bond of surety bond of accused stands canceled after appeal period is over. (This judgment is dictated to stenographer directly on computer, typed by her, corrected and then pronounced by me in the open court on this the 5 th day October 2024) (PRAKASH.C.D) I Addl. Chief Metropolitan Magistrate, Bengaluru ANNEXURE WITNESSES EXAMINED BY THE PROSECUTION :
Pw.1 : Usharani DOCUMENTS GOT MARKED BY THE PROSECUTION :
Ex.P.1 : Complaint.
Ex.P.1(a) : Signature of PW-1.
WITNESSES EXAMINED BY THE ACCUSED :-
-Nil-
DOCUMENTS GOT MARKED BY THE ACCUSED :-
-Nil-
MATERIAL OBJECTS IDENTIFIED :-
-Nil-
I Addl. Chief Metropolitan Magistrate, Bengaluru