KERALA TRANSPORT CO Vs. D S SOMASHEKHAR
LAWS(KAR)-1981-9-6
HIGH COURT OF KARNATAKA
Decided on September 25,1981

KERALA TRANSPORT CO. Appellant
VERSUS
D.S.SOMASHEKHAR Respondents

JUDGEMENT

- (1.) These petitions by the original complainant are directed against the common order dated 19-2-1979 passed by the Judicial Magistrate First Class, Tiptur in CC Nos. 1051 to 1054, 1057 to 1060/1977 and 103 to 111 and 156 to 175 of 1978 discharging the accused-respondents of the offences under Ss. 120-B, 477-A, 420 and 420 read with S. 109 of the IPC. IA. No. 1 in each of the petitions is filed by A-1 under S. 482 of the CrlPC. for dismissal of the aforesaid petitions on the ground that a private party has no locus standi to prosecute the above revision petitions. For proper appreciation of the grounds urged by the accused in the said application regarding maintainability of the revision petitions, it is necessary to advert to the facts leading to the revision petitions in brief.
(2.) The Detective Inspector (FS) COD. Bangalore filed 37 charge-sheets before the trial Court against the accused, who are eight in number, for offences under Ss. 120-B, 420, 477-A and 109 of the IPC. A-1 to A-3 are the "partners of D. S. Mallappa and Sons, D. S. Mallappa and Co., and Deshmudre and Co., carrying on copra business at Tiptur. Accused 4 (A), (B), (C), (D) were in charge of the Kerala Transport Company/Bhoruka Road Lines Pvt. Ltd,/Transport Corporation of India Ltd., Tiptur. branch offices and A-5 was the Branch Manager of the State Bank of Mysore, Tiptur Branch at the r61evant point of time. The case of the prosecution is that between 14-1-1976 and 12-3-1976, A-1 to A-3 entered into criminal conspiracy with A-4 (A) to (D) and A-5 with an intention of cheating the State Bank of Mysore, Tiptur Branch, falsified the books of the said Transport Companies and in pursuance of the said conspiracy, A-4 (A) to (D) and A-5 wilfully and with intent to defraud, prepared and issued false lorry receipts to A-1 to A-3 which receipts or way-bills were purported to have been issued for receipt of copra for being despatched to customers of D. S. Mallappa and Sons, D. S. Mallappa and Co., and Deshmudre and Co., even though no goods were delivered to them by A-1 to A-3 for despatch to those customers and as such falsified the books of the said Transport Companies. In pursuance of the said conspiracy A-1 to A-3 also drew up several hundies on the upcountry customers of D. S. Mallappa and Sons, D. S. Mallappa and Co., and Deshmudre and Co.- and dishonestly presented the same along With the aforesaid false lorry receipts or way bills to the State Bank of Mysore, Tiptur Branch for a total sum of Rs. 48,40,000 and thereby cheated the said Bank. A-5. who was the then Branch Manager of the said Bank knowing or having reason to believe that the lorry receipts were not supported by despatch of goods, abetted A-1 to A-3 for cheating the State Bank of Mysore and also the aforesaid Lorry Transport companies by allowing to discount the said bills and crediting Rs. 48.00,000 to the account of D. S. Mallappa & Sons and as such A-1 to A-4 (A) to (D) and A-5 have committed offences punishable under Ss. 120-B. 477-A, 420 & S. 420 read with S. 109 of Indian Penal Code.
(3.) The learned Magistrate after hearing arguments of both the learned Assistant Public Prosecutor and also the learned counsel appearing for the accused in all the 37 cases, before framing of the charges and after considering the documents and the rival contentions of both the parties, discharged the accused in all the aforesaid cases under S. 239 Cr.PC. of the offences punishable under Ss. 120-B 477-A, 420 & S. 420 read with S. 109 of the IPC. holding that by and large as two views are equally possible in the said cases and the evidence placed on record could raise some suspicion but not grave suspicion against the accused A-1, A-4 (A) to (D) and A-5 are fully within their rights to get themselves discharged. Aggrieved by the said order, the original complainant Kerala Transport Co. has filed the above petitions challenging the legality and correctness of the order discharging the accused of the aforesaid offences.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.