IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.SOMASHEKAR CRIMINAL REVISION PETITION NO.832/2011 BETWEEN:
N.B.KARNIKA GANGAPPA S/O LATE BASAVARAJU AGED ABOUT 45 YEARS R/AT NO.1617, SBM ROAD NELAMANGALA TOWN BANGALORE RURAL DISTRICT.
(BY SRI.G.SURESH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY VIDHANA SOUDHA P.S. BENGALURU CITY.
2. SRINIVASA RAO C.V.
S/O VENKATANARAYANAPPA AGED ABOUT 69 YEARS R/0 555, 7TH CROSS UPKAR BADAVANE BANGALORE 560091 (BY SRI.THEJESH.P, HCGP FOR R-1 …PETITIONER ...RESPONDENTS SRI.PAVAN KUMAR G., ADV. FOR R-2- COMPLAINANT BEFORE TRIAL COURT – VAKALATH FILED IN COURT) THIS PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND SENTENCE DATED 2.9.2010 PASSED BY THE VIII ACMM, BANGALORE CITY IN C.C.NO.18691/2002 AND ITS CONFIRMTION BY THE JUDGMENT DATED 9.6.2011 PASSED BY THE FTC-I BANGALORE CITY, IN CRL.A.NO.857/2010 AND ACQUIT HIM OF ALL THE CHARGES BY SETTING HIM AT LIBERTY.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is directed against the judgment of conviction passed by the Court of VIII Addl. C.M.M. Bangalore in C.C.No.18691/2002 dated 2.9.2010 and order regarding sentence dated 10.11.2011 and confirmed by the Fast Track Court-I, Bangalore in Crl.A.No.857/2010 dated 9.6.2011 whereby the petitioner/accused is sentenced to undergo simple imprisonment for a period of 2 years and pay fine of Rs.5,000/- and in default to pay fine, shall undergo 5 days simple imprisonment for the offence under Section 420 of IPC; the accused is sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.1,000/- and in default to pay fine, to undergo 5 days simple imprisonment for the offences under Section 3 of the Prize Chits and Money Circulation Scheme (Banning) Act; the accused is sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.1,000/- and in default to pay fine, to undergo 5 days simple imprisonment for the offences under Section 4 of the Prize Chits and Money Circulation Scheme (Banning) Act; the accused is sentenced to undergo simple imprisonment for a period of 6 months a fine of Rs.1,000/- and in default to pay fine, to undergo 5 days simple imprisonment for the offences under Section 5 of the Prize Chits and Money Circulation Scheme (Banning) Act and all the sentences shall run concurrently.
2. The factual matrix of the case of the prosecution is as under:
From 1.6.2001 to 22.2.2002, the accused/petitioner collected the money from CWs-1 to 39 towards chit business, which was being carried by him. The accused was working in Horticultural Department, M.S.Building and he collected total amount of Rs.25,26,674/-. Subsequently, he stopped the chit fund business from January 2002 and did not return the amount to the chit fund holders with dishonest intention to cheat them and the accused did not obtain any permission from the concerned authorities to run the chit business.
Based on the complaint, crime came to be registered against the accused for the offence punishable under Section 420 of IPC read with Sections 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. After investigation, charge sheet has been laid against the accused in C.C.No.18691/2002. In support of the case of the prosecution, in all 14 witnesses have been examined as PWs-1 to 14 and got marked Exs.P-1 to 14.
After hearing the arguments advanced on behalf of the accused and prosecution, the Trial Court by order dated 2.9.2010 has convicted the accused for the offences stated above and order of sentence dated 10.11.2010 in C.C.No.18691/2002. The said judgment of conviction has been affirmed by the First Appellate Court by order dated 9.6.2011 passed in Crl.A.857/2010.
3. Today, Sri.Pavan Kumar, learned counsel has filed a memo along with vakalath as per Section 301(2) of Cr.P.C. seeking permission to represent respondent No.2, namely, Mr.Srinivasa Rao.C.V, who is the complainant before the Trial Court. The memo is taken on record.
4. An application under Section 320(2) and (6) of the Cr.P.C. has been filed seeking permission of this court to compound the offences punishable under Sections 3, 4 and 5 of the Prize Chit and Money Circulation Schemes (Banning) Act, 1978 and Section 420 of IPC and to set aside the judgment of conviction dated 2.9.2010 passed by the Trial Court and its confirmation by judgment dated 9.6.2011 passed by the First Appellate Court in Crl.A.857/2010 and to acquit the petitioner from the above offences.
5. During the pendency of the revision petition, a joint application has been filed by the learned counsel appearing for the accused and respondent No.2 along with the affidavits of the petitioner and respondent No.2 praying to compound the offences as the parties have compromised the matter in an out of court settlement and the victims or subscribers of the chit fund have received their amount.
6. In addition, the affidavits of four victims along with their photocopies of Aadhar card have been filed stating that they have received the amount and have agreed for the settlement and they have no objection for compounding the offences.
7. In the affidavit of the petitioner/accused, namely, Mr.Karnika Gangappa filed in support of the joint application under Section 320 (2) and (6) of Cr.P.C., it is stated that he has suffered concurrent convictions before the Trial Court and the First Appellate Court for the offences punishable under Sections 3, 4 and 5 of the Prize Chit and Money Circulation (Scheme) Banning Act, 1978 and Section 420 of IPC in C.C.No.18691/2002 and in Crl.A.857/2010 respectively. He has also sentenced to undergo maximum imprisonment for two years with fine of Rs.8,000/- on all the counts. The above revision petition is filed praying to set aside the above convictions and sentence passed by the courts below. However, with the intervention of the well-wishers and friends, the matter has been compromised with PW-1, who is said to be the defacto complainant and with other chit fund subscribers, who are traced and compounded the offences by an out of court settlement.
8. Since, the petitioner/accused, respondent No.2 and victims have compromised the matter in an out of court settlement and since they have no objection for compounding the offences and to acquit the petitioner, the application filed along with the affidavits of petitioner/accused and respondent No.2 is accepted. The affidavits of the four victims are also taken on record.
9. In view of parties having compromised the matter in an out of court settlement, the petition is disposed of. Consequently in terms as stated, the judgment of conviction passed by the Court of VIII Addl. C.M.M. Bangalore in C.C.No.18691/2002 dated 2.9.2010 and order regarding sentence dated 10.11.2011 and its confirmation by the Fast Track Court-I, Bangalore in Crl.A.No.857/2010 dated 9.6.2011 is hereby set aside. The accused is acquitted for the offences punishable under Sections 420 of IPC and Sections 3, 4 and 5 of the Price and Chits and Money Circulation Scheme (Banning) Act, 1978.
Sd/- JUDGE DM