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Judgment
This criminal revision case is filed by the petitioner-A1 to set aside the order dated 23.09.2014 in Crl.M.P. No.3211 of 2008 in CC No.384 of 2007 (Old CC No.165 of 2006) on the file of XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.
The brief facts of the case are that on 31.01.2005, the de facto complainant - Legal Manager of M/s.GE Countrywide Financial Services Ltd., Secunderabad, lodged a complaint before the Police, WCO, Team-II, CCS, Hyderabad, stating that one Viren Chowdary, petitioner-A1, Managing Director of M/s.Acer Motors, Tirumalgerri, Secunderabad was a dealer in Maruthi Cars and was doing business in used cars and was appointed as Direct Selling Agent and responsible for sourcing the business of getting customers, who were in need to take vehicles on loan and to submit all the connected documents of the customers to G.E. Countrywide for sanction of loan. The de facto complainant detected fraud and cheating by the accused, who submitted forged and fake documents of RC books and got loan sanctioned to the customers without vehicles in some cases and second hypothecation in some other cases. As many as 67 cases of fraud of fake registration certificates were detected by the complainant firm which were processed by the accused. The de facto complainant stated that an amount of Rs.1.4 crores was disbursed to the customers through the accused on fabricated and fake registration documents. Basing on the same, a complaint was registered by the Inspector of Police, CCS Team-II, DD, Hyderabad in Crime No.81 of 2005 under Sections 406, 420, 468 and 471 IPC. After investigation, the Inspector of Police deleted the names of A1 and A6 and filed charge sheet against A2 to A5 alone.
The learned Magistrate took cognizance of the offences against A1 and A6 also observing that there was prima facie case found against them. The petitioner-A1 filed a discharge petition before XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, vide Crl.M.P. No.3211 of 2008 in CC No.165 of 2006 and the same was dismissed by the learned Magistrate observing that the averments mentioned in the complaint and the statements of the witnesses and the material available on record would show prima facie material to establish the involvement of the petitioner-A1 along with the other accused in the commission of offence and unless a full-fledged trial was conducted, it could not be decided at that stage about the role played by A1 in the fraud alleged to have been committed by him along with other accused. The real facts would come to light at the time of trial through the mouth of the witnesses after confronting the documents with them.
Aggrieved by the said orders, the petitioner -A1 preferred this revision contending that the learned Magistrate failed to appreciate that the ingredients for the offences under Sections 406 and 420 IPC required existence of contract and from the facts of the case and the investigation conducted, it would clearly reveal that the agreement put forth by the complainant was forged and that no contract was signed between the parties. Under such circumstances, the ingredients for the offences under Sections 406 and 420 were not made out and the complaint deserved to be quashed against the petitioner-A1. With regard to the offence under Section 463 IPC, he alleged that from the statements of witnesses it was clear that the petitioner had no role to play in this offence, none of the customers made a single mention of the petitioner's involvement in any manner. The Magistrate failed to appreciate that all the payments received by the petitioner-A1were immediately issued by way of cheque to the respective parties.
Heard the learned counsel for the revision petitioner and the learned Public Prosecutor.
The learned counsel for the revision petitioner submitted that the case was tried against A2 to A6 by splitting against A1 and A2 to A6 were acquitted on 22.12.2017. The case against A1 also would stand on the same footing, if not on a better footing. The Direct Selling Agent agreement, relied on by the complainant company, turned out to be a forged document as per the report of Forensic Science Laboratory (FSL). The FSL report would confirm that the signature of the petitioner-A1 would not tally with the signature on the Direct Selling Agent agreement, and prayed to allow the revision case.
The learned Public Prosecutor reported to decide the case on merits as the case against A2 to A6 was ended in acquittal by the trial Court.
Perused the record. No specific allegations about the role or actions of A1 were found in the complaint or the statements of the witnesses or in the charge sheet filed by the Investigating Agency. The statements of the witnesses, who availed loans and the customers of the complainant company, would show that there was not a single reference against the petitioner-A1. The involvement of the petitioner was based on the statement of the complainant without any direct or oral evidence to support the same. As the FSL report confirmed that the signature of the petitioner-A1 was not tallied with the signature on the Direct Selling Agent agreement, it would not prove the involvement of the petitioner-A1. As the case against A2 to A5 was acquitted by the trial Court and as the prosecution failed to produce the witnesses, continuation of the case against the petitioner-A1 would serve no purpose. The benefit of acquittal of A2 to A5 can be extended to this petitioner also as the allegations made against the petitioner and other accused persons are one and the same and they are inseparable in nature. Hence, it is considered fit to set aside the impugned order.
In the result, the Criminal Revision Case is allowed setting aside the order, dated 23.09.2014, passed in Crl.M.P. No.3211 of 2008 in CC No.384 of 2007 (Old CC No.165 of 2006) on the file of XII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and the petitioner-A1 is discharged from the offences alleged against him.
Miscellaneous petitions pending, if any, shall stand closed.