Bangalore District Court
And After Completion Of Investigation ... vs Persons Have Committed The Offence Of ... on 31 August, 2015
IN THE COURT OF THE VII ADDL. C.M.M., BANGALORE
Dated this the 31st day of August 2015
Present: Sri. Selva Kumar.C., B.A., LL.B.,
VII ADDL.C.M.M., Bangalore.
JUDGMENT U/S. 355 OF Cr.P.C.:
1. CC NO. : 4024/2013
2. Date of offence : 20.11.2012
3. Complainant : State by Malleswaram Police Station
4. Accused : 1. Obalareddy s/o Narasimhareddy,
Kammavarapalli Jangal,
Chinnagottigal Mandal,
Chittor, Andhra Pradesh.
2. G.Krishna Reddy
s/o Narayana Reddy,
No. 12-6, Kammavarapalli Jangal,
Chinnagottigal Mandal,
Chittor, Andhra Pradesh.
3. Srinivasa Reddy s/o late Ramireddy,
Lakkannapalli Post, Bhindi Mandal,
Chittor, Andhra Pradesh.
4. Sheesha Reddy s/o Shankara Reddy,
Hemchandra Building, Doddadurga,
Bangalore City.
5. T. Ramanareddy s/o Ramireddy,
Ontikamaripalli, Jangavanapalli
Mandal, Chittor,
Andhra Pradesh.
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6. Suguna
w/o late J.Jayachandrareddy,
40 years, r/at No.5, 3rd cross,
near Hennur Bande,
Kalyananagara Post,
Bangalore-560 043.
7. T.V.Ramakrishna Reddy
s/o Venkatareddy, 44 years,
r/at No. 176, 1st Main,
1st cross, Sri Lakshmi Narasimhaswamy
Temple Road, Bhuvaneshwarinagara,
R.T.Nagara Post,
Bangalore-560 032.
5. Offences complained of : 420, 120 (B) r/w 34 of IPC
6. Plea : Accused pleaded not guilty
7. Final order : Acting U/s. 248 (2) Accused are convicted
The complainant police have filed the charge sheet against the
accused alleging that the accused have committed offence punishable under
Sec. 420, 120 (B) r/w 34 of IPC.
2. The case of the prosecution is that there is a dispute with regard site
bearing No.53, old No. 100 measuring 60 x 120 feet between C.W.4, 6 & 7 -
Armugam, Nanda Kumar and V.J.Balasubramanyam and trial took place in
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the Civil Court and decided in favour of C.w.4 V.V.Armugam, but the
khatha still stand in the name of C.W.6 & 7 Nanda Kumar and
V.J.Balasubramanyam. The accused No.7 contacted C.W.4 V.V.Armugam
and on the pretext of purchasing property No.53, old No. 100, measuring 60
x 120 feet has given him 5 cheques worth Rs 2 crores and later came to
know that the khatha is still in the name of C.w.6 & 7 - Nanda Kumar and
V.J.Balasubramanyam, accused No.7 along with accused No. 1 to 6 hatched
a plan and contacted C.W.6 & 7 - Nanda Kumar and V.J.Balasubramanyam
and told them to register the site situated at 7th cross, Malleswaram and later
they will sell the site to others and out of the money received, they will pay
them Rs 3,90,00,000/-. Thereafter accused No.6 & 7 contacted C.W.1 B.
Krishna and told him that they have made transaction with C.W.6 and 7 -
Nanda Kumar and V.J.Balasubramanyam to purchase site No.53, Old
No.100, 7th cross, Malleswaram, measuring 60 x 120 feet and shown him his
name in the document created by them and made him to believe that if he
pays registration charges and stamp duty of Rs 25,74,000/-, they will give
him 20 x 30 feet portion in the said site and obtained 4 Demand Drafts
bearing Nos. (1) 970740 for Rs 9,00,000/-, (2) 970741 for Rs 9,00,000/-, (3)
970738 for Rs 3,84,000/- and (4) 970739 for Rs 3,90,000/- from C.W.1
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drawn on Corporation Bank, Srinagara, in favour of C.W.5 Sr. Sub
Registrar. Thereafter accused No.6 and 7 took C.W.1 to the office of C.W.2
Gangadhar at Sai Krupa Complex, Sampige Road, Malleswaram, to show
him the property document and on the pretext of showing him property
document, taken out the Demand Drafts for Rs 25,74,000/- from the
possession of C.W.1 and on 3.10.2012 accused No.1 to 7 with their common
intention left out the name of C.W.1 from the sale deed and got registered
the property into their names and thereby cheated C.W.1 and thereby the
accused No.1 to 7 have committed the aforesaid offences.
3. After filing the charge sheet, the accused No.1 to 6 were secured
and later released on bail. Accused No.7 is in J.C. Charge framed and read
over to them. They pleaded not guilty and claimed to be tried. After that
prosecution examined 9 witnesses as P.W.1 to 9 and got marked 38
documents as Exs.P.1 to P.38 & Ex.D.1. The accused were questioned
under Sec. 313 of Cr.P.C. for the incriminating circumstances appeared
against them. They denied the same and not chosen to adduce evidence on
their behalf.
4. I have heard arguments from both sides.
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5. The points that arise for my consideration are :
(1) Whether the prosecution proves beyond reasonable doubt that
the accused No.1 to 7 have committed the offence punishable
under Secs. 420 & 120 (B) r/w 34 of IPC ?
(2) What order ?
6. Having regard to the arguments heard and the materials placed on
record, my answer to the above points are :
Point No.1 : In the affirmative
Point No.2 : See final order, for the following :
REASONS
Point No.1 :
7. P.W.1 Y.B.Krishna, Retired Asst. Commissioner, has stated in his
evidence that from the year 2006 to 2009 he has worked as Tahsildar in
K.R.Pura, Bangalore East Taluk and from April 2011 to June 2011 he has
worked in Bangalore North Taluk and the accused No.6 and 7 came to the
K.R.Puram office for revenue matter and told him that at 7th cross
Malleswaram 60 x 120 feet site is there and with regard to the same they
entered into agreement on 17.9.2012. Further, the accused No.6 & 7 also
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told him that they will give him 20 x 30 portion of the said site if he pays Rs
30 lakhs for registration expenses and he told the accused persons that he
does not have so much money and he will give the same after selling his
house at Chinthamani and thereafter he sold the site standing in his wife's
name and 4 houses for Rs 41 lakhs.
8. P.W.1 has further stated that on 28.9.2012 one Venkatanarayana
who had purchased his properties, along with his brother came to his house
and paid him Rs 35 lakhs. On 28.9.2012 the accused No.6 and 7 shown him
a draft sale deed mentioning the name of P.W.1 and asked him to take 4
Demand Drafts for Rs 25,74,000/- and accordingly he obtained 4 Demand
Drafts for Rs 25,74,000/- in the name of Sub Registrar, Gandhinagar.
9. P.w.1 has further stated that the accused No. 6 and 7 took him in
their car at 5.30-6 p.m. and he has seen the place and thereafter the accused
took him near Retired Asst. Commissioner's Office where draft sale deed,
copy of katha and receipt has been given to him and he perused and found
that the copy of katha and receipt are old documents and not current account.
After perusal of the amount mentioned in the draft sale deed, he found
shortage of a sum of Rs 50,000/- in the document and told that the same has
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to be rectified at the time of registration and the current account and current
receipts are required. At that time accused No.6 and 7 have stolen 4
Demand Drafts kept in his hand and the said incident took place when he
was in the Retired Asst. Commissioner's Office.
10. On 29.9.2012 and on 1.10.2012 when he asked the accused No.6
and 7 as to where he has to come for registration for which the accused
persons told him that Nandakumar is in Mangalore and Srinivasareddy is
busy in election. Again on 3.10.2012 when he contacted the accused No. 6
and 7, he heard Telugu language in the mobile and he got suspicion and
went to the Office of Sub Registrar, Gandhinagar, made application and
sought information whether Malleswaram property has been registered and
he received information that it has not been registered.
11. P.W.1 has further stated that he received information that the
agreement has been entered into on 17.9.2012 and on the same day at 5.30
p.m. he went to the office of Sub Registrar, Malleswaram and when he
contacted the Sub Registrar, he told him that Yesterday itself the registration
with regard to said property has been effected. Then he returned to the
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house and searched the Demand Drafts, but he did not found 4 Demand
Drafts obtained by him.
12. On 5.10.2012 he went to Corporation Bank, Srinagar Branch and
requested the Manager that 4 Demand Drafts are missing and requested to
encash the same. Then he has given letter in writing that he has lost 4
Demand Drafts and if the same are presented, the same may be brought to
his knowledge and on 5.10.2012 he obtained document with regard to the
same from the office of Sub Registrar, Gandhinagar. Based on above
documents he went to Corporation Bank, Srinagar and requested the Branch
Manager to furnish him duplicate Demand Drafts in writing and on
8.10.2012 the said Manager furnished him 4 duplicate Demand Drafts worth
Rs 25,74,000/-. But he did not know as to what happened to the original
Demand Drafts. He has requested the Manager of Corporation Bank to
encash the 4 duplicate Demand Drafts and the Manager told him that the
original Demand Drafts have been found and the same are registered in the
office of Sub Registrar, Byatarayanapura and on 5.11.2012 he made an
application and sought for details as to who has presented 4 Demand Drafts
and the status of the same.
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13. On 16.11.2012 they gave him detailed answer along with
documents and in the said document he came to know that the accused No.1
to 7 on the basis of above four Demand Drafts purchased by P.W.1 have
registered the property by giving false address of Andhra, except the address
of accused No.6 Suguna, Bangalore address, and he came to know that the
accused persons have committed theft of 4 Demand Drafts and hence he has
lodged complaint to Malleswaram Police station as per Ex.P.1.
14. P.W.1 has further stated that he has produced Ex.P2 to P.23
documents i.e. Ex.P.2 :Form No.15, Ex.P.3 & P.4:Sale deeds, Ex.P.5
:Certified copy of sale deed dated 3.10.2012, Ex.P.6:Certified copy of
application given to Corporation Bank dated 5.10.2012, Ex.P.7:Certified
copy of affidavit, Ex.P.8:Certified copy given to Sub Registrar,
Gandhinagar, Ex.P.9:Copy of letter dated 5.10.2012 requesting Corporation
Bank to hand over duplicate Demand Drafts, Ex.P.10 to 13:Certified copies
of 4 original Demand Drafts, Ex.P.14 to 17:Copies of duplicate Demand
Drafts obtained from the Bank on 8.12.2012, Ex.P.18:Copy of challan dated
28.9.2012 with regard to deposit of Rs 35 lakhs, Ex.P.19 & 20: Copies of
letter and reply issued by the Bank, Ex.P.21 & 22 : Copy of letter dated
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16.10.2012 given by P.W.1 to the Bank and reply for the same and
Ex.P.23:Copy of letter dated 29.12.2012 given to the Bank.
15. P.W.1 has further stated that he knows the accused No.6 and 7 and
the remaining accused by using his 4 Demand Drafts as stated above have
registered the property at Malleswaram and the owner in the sale deed i.e.
Balasubramanyam is also not the original owner. In order to cheat him, the
accused have created these documents. He has produced certified copies of
sale deeds dated 15.11.2012 in the name of his wife and himself as Ex.P.36
and P.37.
16. P.W.2 Gangadhara, Retired Sr. Registrar has stated in his evidence
that in the month of Septebmer 2012 accused No.6 and 7 came to his
Private Consultancy Office at Saikrupa Building, Sampige Road, stating to
register the property situated at 7th cross and he told that it will be registered
through his friend C.W.3 V. Srinivas. On 28.11.2012 accused No.6 and 7
brought P.W.1 Y.B.Krishna to his private office along with draft sale deed
and told him that P.W.1 is partner and he has perused the said draft sale deed
wherein 8 persons have signed and he has also seen the Demand Drafts
brought by the accused No.7 and he has returned 3 Demand Drafts to the
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accused. He has signed the mahazar Ex.P.25 in Malleswaram Police station
and has given statement before the Police.
17. P.W.3 Srinivasrao, Retired District Registrar, has stated in his
evidence that he is having office at No. 380, Sampige Road, Malleswaram
and his job is to prepare letters and to give legal opinion and he knows the
accused No.6 and 7 through C.W.2. C.W.2 has given original sale
documents and told him to prepare sale deed and accordingly he has
prepared the original sale letter Ex.P.5 and handed over the same. On
27.11.2012 police came to his office and took signature to Ex.P.25 mahazar
in the presence of C.W.2 and the Police recorded his statement.
18. P.W.4. Armugam has stated in his evidence that he knows the
accused persons and with regard to the Malleswaram property there is
dispute between him and Nandakumar, Balasubramanyam and others in
O.S.193/1966 and he got decree in the Civil Court. His rival parties
preferred Appeal before the Hon'ble High Court of Karnataka and the
Hon'ble High Court of Karnataka dismissed the Appeal. He has filed
Execution case No. 939/1984 and through the Court only he got possession.
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19. P.W.4 has further stated that the accused No.7 took him to a
unknown place stating that they will give him his loan amount and thereafter
took him to the office of Sub Registrar by showing money and stating as
loan document, the accused No.7 took his signature to other document by
cheating him. When he is about to sign, himself, his sister Kaveramma,
Mallikadevi, Jayashankari and his brother Ganesh Kumar all went to the
office of Sub Registrar, Guttahalli, Malleswaram and got registered sale
agreement in favour of 6 accused persons. At that time accused No.7 given
him 5 cheques of Rs 40,00,000/- each totally Rs 2 crores. When he
presented the said cheques to the Bank on the next day, they were not
encashed. After 15 days when he called the mobile numbers of accused
persons, he did not hear ring tone and he came to know that the accused
No.7 was in Jail and also came to know from the Police that the accused
have cheated 36 other persons like same way. He has identified the sale
agreement marked as Ex.P.26 and his signature as Ex.P.26 (a).
20. P.W.4 has further stated that when the said property was in his
possession, his rivals Nandakumar and Balasubramanya have got changed
the katha into their name and after coming to know of the same, he has filed
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O.S. 4849/2009 against Nandakumar and Balasubramanya in the Civil Court
and the said Court directed him to present the case before Joint
Commissioner where after perusal of the documents, documents have been
changed into his name.
21. P.W.4 has stated that he has identified the following documents
i.e. ; Ex.P.27:Certified copy of plaint, Ex.P.28:Certified copy of order passed
by the Civil Court on 24.8.2012. In the said property Balasubramanyam,
Shalini Nandakumar, Soundarya, Praveen Nandakumar, Umapathi and
others who have executed Ex.P.5 document in favour of purchasers have no
right or interest. In this case Police enquired him and received Ex.P.26 and
P.27 documents and also taken his statement.
22. P.W.5 Prabhakar, Sr. Sub Registrar, has stated in his evidence that
from 2010 to 2013 he has worked as Sub Registrar in the Sub Registrar
Office at Byatarayanapura and Ex.P.5 document was registered while he was
working there. Ex.P.5 got registered into the names accused No.1 to 7 and
the total sale amount is Rs 3,90,00,000/- and a stamp duty of Rs 22,26,060/-
has been paid to the Government. Out of the total sum, Rs 42,060/- cash has
been deposited to the Government.
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23. P.W.5 has further stated that Rs 3,84,000/- - DD No. 970738, Rs
9,00,000/- - DD No. 970740, Rs 9,00,000/- - DD No. 970741, one DD No.
970739 - Rs 3,90,000/-, total 4 Demand Drafts have been deposited to the
Government and the said 4 Demand Drafts are taken in the name of Sub
Registrar, Gandhinagar, have been deposited by Y.B.Krishna to the
Government. Ex.P.5 document has been executed by V.J.
Balasubramanyam, Devika V.B., V.B. Gokul Balasubramanyam,
V.B.Goutham Balasubramanyam and V.J. Nandakumar. P.W.5 has further
stated that he has sent the said 4 Demand Drafts for remittance to SBM,
Shivajinagar Branch and the said Branch has sent a letter with endorsement
"stop payment" that the said four Demand Drafts are cancelled without
encash. Then he had sent notice to purchasers i.e. to accused No.1 to 7 and
he did not get any reply for the said notice. Again he sent another notice
dated 19.10.2012, but not received any reply.
24. P.W.5 has further stated that on 2.11.2012 he wrote a letter to the
Bank Officer to encash four Demand Drafts and on 15.11.2012 he received a
letter from Bank stating that the said Demand Drafts have been taken in the
name of Sub Registrar, Gandhinagara which came from the office of Sub
Registrar, Byatarayanapura, it cannot be encashed. P.W.5 has further stated
15
that on 20.11.2012 again he wrote a letter to the Bank officer with a copy of
Government notification and according to the same there is a rule that in the
remaining office of Sub Registrar which comes under Gandhinagara Sub
District can also be registered and requested to honour the Demand Drafts.
25. P.W.5 has further stated that he has identified the documents i.e. ;
Ex.P.28: Copy of complaint from Y.B.Krishna, Ex.P.29 :Copy of letter
dated 22.11.2012 written to the Commissioner of Registration and Stamps to
block the transaction of the property in the system, Ex.P.30 :Copy of
letter dated 23.11.2012 addressed to the Commissioner of Registration and
Stamps seeking permission to lodge Criminal Case against the purchasers
mentioned in Ex.P.5, Ex.P.31 :Copy of complaint lodged to Kodigehalli
Police Station mentioning accused No.1 to 7 in the complaint, Ex.P.32
:Copy of letter dated 13.2.2013 addressed to Malleswaram Sub Inspector,
Ex.P.33:Copy of letter dated 28.11.2012 written by the Corporation Bank.
26. P.W.6 Srinivasa, PSI, has stated in his evidence that on
20.11.2012 at 2.10 p.m. complainant came to Police Station and lodged
complaint Ex.P.1 which he registered in Crime No. 372/2012 and on
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27.11.2012 at 11.12 a.m. he visited the spot along with panchas and drew
spot mahazar as per Ex.P.25 and recorded statements of C.W.2 and 3. On
30.11.2012 he arrested accused No.6 Suguna and recorded her voluntary
statement and also recorded voluntary statement of accused No.7 by
obtaining body warrant.
27. P.W.6 has further stated that on 13.2.2013 C.W.5 produced letter
Ex.P.32 and four Demand Drafts and he subjected the properties to P.F. No.
32/2013 as per Ex.P.35 and handed over case file to C.W.9 for further
investigation.
28. P.W.7 Kemparaju, Retired Sub-Inspector has stated in his
evidence that on 14.2.2013 he received case file from C.W.6 and on
5.3.2013 he has recorded statements of C.W.6 and 7. On 5.3.2013 after
completion of investigation, he prepared the charge sheet and got perused
the same from ADP and filed charge sheet against accused No.1 to 7 for the
offence punishable under Sec. 420, 120 B r/w 34 of IPC.
29. P.W.7 has further stated that the accused persons have taken
Demand Drafts belonging to the complainant without his knowledge and
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produced the same to the office of Sub Registrar, Byatarayanapura and got
registered the site and due to the same, the complainant has been cheated.
30. P.W.8 Duly Chand, Bank Manager, Corporation Bank, has stated
in his evidence that C.W.1 Krishna.Y.B., Account No. 19562 is the customer
of his Bank and he has produced the statement of account from 29.2.2012 to
28.9.2012 as per Ex.P.38. On 28.9.2012 C.W.1 was having Rs 52,75,454-00
cash in his account and on the said date Y.B.Krishna has obtained four
Demand Drafts worth Rs 25,74,000/- and the commission for the said
Demand Draft is Rs 5,792/-. He has identified the four Demand Drafts
marked as Ex.P.10 to P.13 and the said Demand Drafts have been taken in
the name of Sub Registrar, Gandhinagara from his Bank in the Bank account
holder of Y.B.Krishna and Ex.P.14 to P.17 are duplicate Demand Drafts.
31. P.W.8 has further stated that he has identified the exhibits :
Ex.P.6, 7 & 9 have been issued from his Bank, Ex.P. 18: Original Challan,
Ex.P.19 Duplicate copy of document issued from his Bank, Ex.P.20:
Certified copy of document with regard to issuance of duplicate Demand
Drafts to complainant, Ex.P.21 & 22: Letters given by the complainant,
Ex.P.33 : Certified copy of duplicate copy issued from his Bank which has
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been issued to the office of Sub Registrar, Byatarayanapura and Ex.D.1 :
Document issued from his Bank to the office of Sub Registrar,
Byatarayanapura.
32. P.W.9 Mahadevaiah, PSI, has stated in his evidence that on
19.2.2015 he has written a letter to the Bank Manager, Corporation Bank,
Srinagar Branch, seeking particulars about obtaining four Demand Drafts
and the Branch Manager has replied the same as per Ex.P.32. When he
sought details from the Sub Registrar about the sale deed pertaining to
Y.B.Krishna of this case, the Sub Registrar has furnished Ex.P.5 sale letter
and he has received Ex.P.3 and 4 sale agreement letters from C.W.1 at the
time of investigation. The sale letter Ex.P.36 and P.37 in respect of
agreement letter Ex.P.3 and 4 have been received from C.W.1 at the time of
investigation. He found that all the accused persons have cheated the
complainant and after completion of investigation he has filed additional
charge sheet to the Court.
33. The learned counsel for the accused argued that the prosecution
has not proved beyond all reasonable doubt that the accused have committed
the offence under Sec. 420 of IPC. On the contrary, the learned Special
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Public Prosecutor argued that the accused No.6 & 7 along with accused No.1
to 5 with their dis-honest intention induced P.W.1 to obtain the demand
drafts on the pretext of registering a portion of the property and later by
furnishing the demand drafts, obtained by P.W.1, to the office of Sub
Registrar got registered the property into their names and thereby all the
accused persons have committed the offence of cheating and hence they
have to be convicted. All the prosecution witnesses have categorically
deposed before the Court that accused No.1 to 7 have cheated the P.W.1.
After perusal of the oral and documentary evidence adduced by the
prosecution nothing is elicited to discredit their versions in the cross-
examination. Though the defence counsel cross-examined the witnesses at
length did not shake or create a doubt of the version of the witnesses.
34. Except the evidence of these 9 witnesses, no other witnesses are
examined in this case. P.W.1 has clearly stated in his evidence that as per
the assurance of accused No.6 and 7 that they will give him 20 x 30 portion
of a site if he pays them registration charges and stamp duty of Rs
25,74,000/- and accordingly he has taken four Demand Drafts for Rs
25,74,000/-. P.W.1 has further stated that the accused No.6 and 7 on
28.9.2012 at Sub Registrar office, Gandhinagara, have shown him draft sale
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deed, copy of khatha and receipt. At that time, the accused No. 6 & 7 have
committed theft of above Demand Drafts. When P.W.1 asked accused
No.6 & 7 several times where he has to come for registration, the accused
No.6 & 7 gave him evasive answers. Then he got suspicion and went to the
office of Retired Sub Registrar, Malleswaram, and sought information
whether the registration with respect to Malleswaram property has been
done. When he searched the Demand Drafts in the house, he did not found
the above said four Demand Drafts. On 5.10.2012 he informed the same to
Corporation Bank, Srinagara, where he has obtained the said Demand
Drafts, stating that the Demand Drafts are missing and given affidavit with
regard to the same. Again he has given letter to the Sub Registrar,
Gandhinagar, stating about missing of Demand Drafts. On the basis of the
said document, he went to Corporation Bank and requested the Bank
Manager to give him duplicate Demand Drafts and on 8.10.2012 he received
the same from the Bank. When he made appeal to the Corporation Bank,
Srinagara, to encash the said duplicate Demand Drafts, the Manager
informed him that the original Demand Drafts have been traced which are
available in the office of Sub Registrar, Byatarayanapura. He made
application to the Sub Registrar, Byatarayanapura on 5.11.2012 seeking
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information about the detailed status of the Demand Drafts and they gave
him reply along with documents. From the said documents he came to know
that the accused No.1 to 7 have got registered the property on the basis of
the said four Demand Drafts obtained by him. Then he came to know that
the accused persons have committed theft of Demand Drafts and he has
lodged complaint to Malleswaram Police Station as per Ex.P.1. He has
produced the certified copy of original sale deed dated 3.10.2012 Ex.P.5 got
registered in favour of accused No.1 to 7. In the said document it can be
seen that the photographs of accused No.1 to 7 of this case and it is also
clearly mentioned in Ex.P.5 the serial number of the Demand Drafts and the
amount. The serial number of the Demand Drafts, date and amount i.e. (1)
DD No. 970740 for Rs 9,00,000/-, (2) DD No. 970741 for Rs 9,00,000/-, (3)
DD No. 970738 for Rs 3,84,000/- and (4) DD No. 970739 for Rs 3,90,000/-
mentioned in Ex.P.5 Absolute sale deed and in the complaint lodged by
P.W.1 to the Sub Inspector of Police are one and the same.
35. Ex.P.1 complaint and Ex.P.5 absolute sale deed clearly shows that
P.W.1 has purchased the said four Demand Drafts mentioned in the
documents in order to get register the property as per the say of accused
No.6 and 7. But the accused No.6 and 7 in collusion with accused No.1 to 5
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have got registered the property into their names by producing the above
said Demand Drafts belonging to P.W.1.
36. In corroboration to the evidence of P.W.1, P.W.5 Sr. Sub
Registrar, Ganganagara, has stated in his evidence that Ex.P.5 sale deed has
been registered in favour of accused No.1 to 7 when he was working in the
office of Sub Registrar, Byatarayanapura. He has further stated that the
Demand Draft bearing nos. (1) DD No. 970740 for Rs 9,00,000/-, (2) DD
No. 970741 for Rs 9,00,000/-, (3) DD No. 970738 for Rs 3,84,000/- and (4)
DD No. 970739 for Rs 3,90,000/- belongs to Y.B. Krishna (P.W.1) and he
has deposited to the Government. When he sent the above said Demand
Drafts for remittance to SBM, Shivajinagar, the Bank without encashing the
same have endorsed as "stop payment". Later he has also lodged complaint
to Police as per Ex.P.31.
37. Even the Bank Manager of Corporation Bank, Srinagara, who is
examined as P.W.8 has supported the case of the prosecution and stated in
his evidence that P.W.1 is the account holder bearing S.B. Account No.
19562 in his Bank and on 28.9.2012 the said account holder deposited Rs
35 lakhs. As on 28.9.2012 there is a balance of Rs 52,75,454=00 in the
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account of the account holder i.e. complainant/P.W.1. On the same day,
P.W.1 has obtained four Demand Drafts for Rs 25,74,000/- and the Demand
Drafts are marked as Ex.P.10 to P.13. The said Demand Drafts have been
issued from his Bank in favour of Sub Registrar, Gandhinagara from the
account of P.W.1 and Ex.P.14 to P.17 are duplicate Demand Drafts.
38. P.W. 9 PSI of Malleswaram Police Station has also stated in his
evidence that during investigation he found that all the accused persons have
cheated the complainant. He has stated that as per the request of Special
Public Prosecutor he has conducted further investigation of this case. On
19.2.2015 he wrote a letter to the Bank Manager, Corporation Bank,
Srinagar, seeking particulars about 4 Demand Drafts and he received reply
as per Ex.P.32 from the Branch Manager. He has received Ex.P.3 and 4
sale agreement letters, Ex.P.5 sale deed and agreements Ex.P.36 and P.37
from P.W.1 at the time of investigation.
39. The evidence of P.W.1 Complainant, P.W.5 Sr. Sub Registrar,
P.W.8 Bank Manager is corroborating to each other. Their evidence is
cogent, convincing and trustworthy. Even the evidence of P.W.9 PSI of
Malleswaram is supporting to the case of the prosecution. Hence, the
24
prosecution has proved its case beyond all reasonable doubt. Hence, I
answer this point in the affirmative.
40. The ingredients of 420 of IPC is clearly attracted in this case
because the accused No.1 to 7 in order to cheat the complainant, induced
him to obtain four Demand Drafts on the pretext of registering a portion of
property bearing Site No.53, old No.100, measuring 60 x 120 feet situated at
7th cross, Sampige Road, Malleswara, Bangalore and without his knowledge,
the accused No. 6 & 7 taken out four Demand Drafts from the possession of
complainant and along with accused No.1 to 5 dishonestly got registered the
property into their names by furnishing the aforesaid four Demand Drafts
belonging to P.W.1. Even Section 120 (B) is also attracted against accused
No.1 to 7 as they have made criminal conspiracy by inducing P.W.1 and
made him to believe that they will give him portion of site as stated above
and without giving a portion of site, the accused No.1 to 7 got registered the
property into their names by submitting the four Demand Drafts obtained by
P.W.1. Therefore, the accused No.1 to 7 have to be convicted for the said
offences.
41. The Hon'ble High Court of Karnataka in Criminal Petition No.
2381 of 2014 dated 5.9.2014 has given direction to this Court to keep the
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amount involved in four demand drafts in fixed deposit in the name of the
Court in Corporation Bank, Srinagar Branch, Bangalore, pending disposal of
the present case. As per the said order of the Hon'ble High Court of
Karnataka, this Court vide order dated 30.9.2014 directed the CMO to take
immediate action to keep the four Demand Drafts in fixed deposit in the
name of the Court in Corporation Bank, Srinagar Branch, Bangalore. The
Chief Manager of Corporation Bank, Srinagar, Bangalore, vide his letter
dated 17.10.2014 stated that the four Demand Drafts have been kept in the
fixed deposit in the name of Sheristedar, VII ACMM Court, Nrupathunga
Road, Bangalore, from 16.10.2014. Now it is clear in the Judgment of this
case that the accused No.1 to 7 in order to cheat the complainant, have
submitted the four demand drafts belonging to P.W.1 Krishna and got
registered the property into their names. Hence, the four demand drafts are
belonging to P.W.1 Krishna and he is entitled for encashment of the same.
Therefore, the said Bank Authorities shall be directed to release the entire
amount of four Demand Drafts bearing Nos. (1) DD No. 970740 for Rs
9,00,000/-, (2) DD No. 970741 for Rs 9,00,000/-, (3) DD No. 970738 for Rs
3,84,000/- and (4) DD No. 970739 for Rs 3,90,000/- in Deposit Nos.
KCC/01/141247, KCC/01/141248, KCC/01/141249 & KCC/01/141250
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respectively along with accrued interest from 16.10.2014 to till date on the
said four Demand Drafts to P.W.1 Krishna as per Section 357 (1) (d) of
Cr.P.C.
Point No. 2 :
42. In view of the reasons stated at point No.1, I proceed to pass the
following:
ORDER
Acting U/s. 248(2) of the Criminal Procedure code, the accused No.1 to 7 are convicted for the offences punishable U/s. 420 & 120 (B) r/w 34 IPC.
Accused No.1 to 7 shall be heard regarding sentence.
(Dictated to the Stenographer directly on computer and print out taken by him is verified, corrected & then pronounced by me in the Open Court dated this the 31st day of August 2015) (SELVA KUMAR.C.), VII ACMM, BANGALORE.
27ORDER REGARDING SENTENCE Heard on sentence from the learned counsel for the accused and the Special Public Prosecutor.
The learned Special Public Prosecutor submitted that the alleged offences are serious in nature and hence maximum sentence may be imposed.
The counsel for the accused No.1 to 5 and 7 submitted that the accused are aged persons and hence lenient view may be taken in view of their old age. The counsel for the accused No.6 submitted that the accused No.6 is a woman and hence lenient view may be taken.
I have perused the materials on record. Considering the gravity of the offence, it is not just and proper to take lenient view against accused No. 1 to 7 and there are several cases pending against the accused persons in this Court as well as in other Courts for similar kind of offences. Hence, the following is made :
ORDER Acting U/s. 248(2) of the Criminal Procedure code, the accused No.1 to 7 are convicted for the offence punishable U/s. 420 IPC and sentenced to undergo S.I. for a period of 4 28 years and fine of Rs 15,000/- each, in default S.I. for one month.
Acting U/s. 248(2) of the Criminal Procedure code, the accused No.1 to 7 are convicted for the offence punishable U/s. 120 (B) IPC and sentenced to undergo S.I. for a period of 6 months and fine of Rs 2,000/- each, in default S.I. for seven days.
Both the sentences shall run concurrently. The period under judicial custody and body warrant by the accused No.1 to 7, if any, shall be given set off.
Issue conviction warrants accordingly. CMO is directed to furnish copy of the Judgment to accused No.1 to 7 at free of cost.
It is clear in the Judgment of this case that the accused No.1 to 7 in order to cheat the complainant, have submitted the four demand drafts belonging to P.W.1 Krishna and got registered the property into their names. Hence, the four demand drafts are belonging to P.W.1 Krishna and he is entitled for encashment of the same. Therefore, the Branch Manager, Corporation Bank, Srinagar, Bangalore, shall be directed to release the entire amount of four Demand Drafts bearing Nos. (1) DD No. 970740 29 for Rs 9,00,000/-, (2) DD No. 970741 for Rs 9,00,000/-, (3) DD No. 970738 for Rs 3,84,000/- and (4) DD No. 970739 for Rs 3,90,000/- kept in Deposit Nos. KCC/01/141247, KCC/01/141248, KCC/01/141249 & KCC/01/141250 respectively along with accrued interest from 16.10.2014 to till date on the said four Demand Drafts to P.W.1 Krishna.
Office is directed to write a letter to the Branch Manager, Corporation Bank, Srinagar, Bangalore, in this regard.
(Dictated to the Stenographer directly on computer and print out taken by him is verified, corrected & then pronounced by me in the Open Court dated this the 31st day of August 2015) (SELVAKUMAR.C.), VII ACMM, BANGALORE.
ANNEXURES:
List of witnesses examined on behalf of the Prosecution:
P.W.1 : Krishna
P.W.2 : Gangadhar
P.W.3 : Srinivasarao
P.W.4 : Armugam
P.W.5 : Prabhakar
P.W.6 : Srinivasa
P.W.7 : Kemparaju
P.W.8 : Dhoolichand
P.W.9 : Mahadevaiah
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List of documents marked on behalf of the Prosecution:
Ex.P.1 : Complaint
Ex.P.2 : Form No.15
Ex.P.3 & P.4 : Sale deeds
Ex.P.5 : Certified copy of sale deed dated 3.10.2012
Ex.P.6 : Certified copy of application given to Corporation
Bank dated 5.10.2012
Ex.P.7 : Certified copy of affidavit
Ex.P.8 : Certified copy given to Sub Registrar,
Gandhinagar
Ex.P.9 : Copy of letter dated 5.10.2012 requesting
Corporation Bank to hand over duplicate Demand Drafts Ex.P.10 to 13 : Certified copies of 4 original Demand Drafts Ex.P.14 to 17 : Copies of duplicate Demand Drafts obtained from the Bank on 8.12.2012 Ex.P.18 : Copy of challan dated 28.9.2012 with regard to deposit of Rs 35 lakhs Ex.P.19 & 20 : Copies of letter and reply issued by the Bank Ex.P.21 & 22 : Copy of letter dated 16.10.2012 given by P.W.1 to the Bank and reply for the same Ex.P.23 : Copy of letter dated 29.12.2012 given to the Bank.
Ex.P.24 : Copy of reply dated 16.11.2012 given to Sub
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Registrar, Byatarayanapura
Ex.P.25 : Spot Mahazar
Ex.P.26 : Sale agreement
Ex.P.27 : Certified copy of plaint
Ex.P.28 : Copy of complaint from Y.B.Krishna
Ex.P.29 : Copy of letter dated 22.11.2012 written to the
Commissioner of Registration and Stamps to block the transaction of the property in the system Ex.P.30 : Copy of letter dated 23.11.2012 addressed to the Commissioner of Registration and Stamps seeking permission to lodge Criminal Case against the purchasers mentioned in Ex.P.5 Ex.P.31 : Copy of complaint lodged to Kodigehalli Police Station mentioning accused No.1 to 7 in the complaint Ex.P.32 : Copy of letter dated 13.2.2013 addressed to Malleswaram Sub Inspector Ex.P.33 : Copy of letter dated 28.11.2012 written by the Corporation Bank.
Ex.P.34 : F.I.R. Ex.P.35 : P.F.
Ex.P.36 & 37 : Copies of sale deeds Ex.P.38 : Account statement 32 List of documents marked on behalf of the Defence:
Ex.D.1 : Document issued from the Bank to the office of Sub Registrar, Byatarayanapura.
List of Material Objects marked on behalf of the Prosecution:
Nil
For defence: - NIL -
VII ACMM, BANGALORE.
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34
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