Final Order 1

Order Details: Copy of Judgment
Pdf Text: C.C. No.947/PW/2007
Presented on : 07.12.2019
Registered on : 07.12.2019
Decided on : 24.05.2021
Duration : 01 Y. 05 M. 17 D
IN THE COURT OF THE METROPOLITAN MAGISTRATE,
12TH COURT, BANDRA, MUMBAI.
(Presided over by Jaydeo Y. Ghule)
CNR NO. MHMM180087622019
Exh.269
COURT CASE NO.1935/PW/2019
The State (At the instance of
Dharavi Police Station in
C.R. No.413/2019) ......... Prosecution
V/s.
Ramaswami Panirhariputtiran Achari,
Age – 35 yrs., Occu.: Goldsmith,
Res. at – Antop Hill, Mumbai. ........ Accused
Charge : Under Section 420, 465, 467, 468, 471 of
Indian Penal Code, 1860.
Advocate of Prosecution Mr. Dilip Gaikwad
Advocate for the accused Mr. Kapase
JUDGMENT
(Delivered on 24.05.2021)
The accused is prosecuted for the offences punishable under Section
420, 465, 467, 468, 471 of Indian Penal Code, 1860 (in short “the Code”).
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2. The facts in brief are as follows :
The informant, Tamilarasan Yelumalai, R/o – Room No.19, Indian
Bank Officer House, R. P. Road, Mulund (W), Mumbai informed the police
that in the year 2013 he was appointed as Assistant Manager in the Indian
Bank at Tamilnadu. In June, 2019 on promotion he was transferred to
Dharavi Branch, Mumbai as Manager. He is looking the work of loan,
supervising, marketing, etc. Zonal office is situated at Cuff Parade,
Mumbai and they have appointed Ramaswami Panirhariputtiran Achari as
their appraiser for Sion, Dharavi and SVC branch, Mumbai in the year
2015. The said appraiser issued certificate of purety on examination of
gold brought by customer. Thereafter, bank has given gold loan to the
customers. Father of Ramaswami was goldsmith by profession. In
between March, 2018 to September, 2019 Mr. Ramaswami, appraiser of
Dharavi branch, Mumbai produced bogus gold with the help of known
borrowers and issued certificate as the said gold is real gold. As per the
certificates of the accused the bank disbursed the gold loan to the
customers. He received letter from his head office about the inspection of
his branch. The inspection was started on 02.09.2019. During inspection,
Sudhir Ambolkar – appraiser of Kandivali branch, Mumbai was called. At
the time of inspection found that the gold ornaments kept for gold loan is
fake. The accused issued appraisal certificate to that customers. The
accused cheat to the bank by keeping fake gold. Therefore, cheated the
bank for Rs.3,57,84,000/ by sanctioning the gold loan. Accordingly, he
reported to the police about the cheating by the accused.
3. As per the report, the police registered crime no.413/2019
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U/Sec.420, 465, 467, 468, 471 of the Code. After registration of the crime,
the API Santosh Tapase interrogated the crime. During the interrogation,
he found that the accused cheated the bank, witness / borrower by
producing bogus gold for gold loan and transferred the said loan amount in
his account through cheque or voucher. Also the accused did fake
signatures of witness / borrower Manisha Solanki and Hitesh Solanki on
vouchers and transferred the gold loan amount in his account. Also he
issued certificate to the bank as he knew it the said gold is bogus which
were produced in the bank. The investigating officer found sufficient
evidence against the accused, hence, filed charge sheet U/Sec.420, 465,
467, 468, 471 of the Code.
4. I have framed the charge at Exh.3. The contents of the offence were
read over and explained to the accused in his vernacular. The accused
pleaded not guilty and claimed to be tried.
5. In view of the charge leveled against the accused following points do
arise for determination and my findings are against the said point for the
reasons mentioned as below :
Sr.
No.
Point Finding
1 Whether the prosecution proves that the
accused from 2017 to August, 2019 at Indian
Bank, Dharavi Branch, Shop No.20, Ground
Floor, Dhruvi Towers, 90 Feet Road, in front
of Kamraj School, Dharavi, Mumbai cheated
the informant's bank and witnesses by
mortgaging bogus gold in the name of
No.
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witnesses and obtained loan and transferred
the loan amount in your account through
cheque or voucher and thereby committed an
offence punishable U/Sec.420 of the Code?
2 Whether the prosecution proves that the
accused on aforesaid time period and place
by making bogus signature on voucher of
witnesses Manisha Solanki and Hitesh
Solanki, produce bogus certificate of real
gold in the name of witnesses for fake gold,
forge the signature of witnesses on voucher
with intent to commit cheating and thereby
committed an offence punishable U/Sec.465
of the Code?
No.
3 Whether the prosecution proves that the
accused on aforesaid time period and place
by making bogus signature on voucher of
witnesses Manisha Solanki and Hitesh
Solanki, produce bogus certificate of real
gold in the name of witnesses for fake gold,
forge the signature of witnesses on voucher
purported to be a valuable security and
thereby committed an offence punishable
U/Sec.467 of the Code?
No.
4 Whether the prosecution proves that the
accused on aforesaid time period and place
by making bogus signature on voucher of
witnesses Manisha Solanki and Hitesh
Solanki, produce bogus certificate of real
gold in the name of witnesses for fake gold,
forge the signature of witnesses on voucher
intending that it shall be used for the
purpose of cheating and thereby committed
an offence punishable U/Sec.468 of the
Code?
No.
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5 Whether the prosecution proves that the
accused on aforesaid time period and place
fraudulently used as genuine by making
bogus signature on voucher of witnesses
Manisha Solanki and Hitesh Solanki, produce
bogus certificate of real gold in the name of
witnesses for fake gold, forge the signature
of witnesses on voucher which you knew at
the time when used it to be a forged
document and thereby committed an offence
punishable U/Sec.471 of the Code?
No.
6 What order ? The accused is
acquitted.
REASONS
6. To prove the guilt of the accused the prosecution examined
informant Tamilarasan Yelumalai as PW 1 (Exh.9), Manohar Vitthal Hotkar
as PW 2 (Exh.40), Nithaya Krishnan Pandaram Tewar as PW 3 (Exh.42),
Umesh Swaminath Agawane as PW 4 (Exh.44), Mahesh Muthayya
Armogam as PW 5 (Exh.47), Sudhir Baburao Ambolkar as PW 6 (Exh.48),
Kailas Kanti Solanki as PW 7 (Exh.49), Hitesh Kailas Solanki as PW 8
(Exh.50), Mahendra Ravi Tewar as PW 9 (Exh.51), Hemant Vijay Mane as
PW 10 (Exh.52), Vinod Melchin Vincent as PW 11 (Exh.53), Pichmani
Ramayya Nadar as PW 12 (Exh.54), Masanam Sundaram as PW 13
(Exh.55), Santosh Dhamaji Tapase as PW 14 (Exh.263) and relied upon
documentary evidence appraisal certificate of the accused (Exh.10),
certificate issued by Sudhirkumar (Exh.11), OC copy of the application
filed before Dharavi police station (Exh.12), information (Exh.13),
certificate issued by government valuer (Exh.14), panchanama (Exh.15),
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the bag containing ornaments of account no.613449734 (Article 'A' , Article
'A1' to A76', the trunk (Article 'B'), lock of the trunk (Article 'C'), the
inspection certificate (Exh.16), account extract of 11 account holders
(Exh.17 to 27 colly.), the account opening form, appraisal certificate and
gold loan application of Pichaimani Nadar (Exh.28 to 30), the account
opening form, appraisal certificate and gold loan application of Hitesh
Solanki (Exh.31 to 33), the account opening form, appraisal certificate and
gold loan application of Manisha (Exh.34 to 36), the account opening
form, appraisal certificate and gold loan application of Sandeep Kumar
(Exh.37 to 39), applications alongwith appraisal certificates (Exh.58 to
Exh.169), account statements (Exh.170 to Exh.245) and 65(B) Certificate
(Exh.246 to 259), account statement of the accused namely Panneer
Jeweller, Ramaswamy, Rama Poorna Jewellery (Exh.260 to 262 colly.),
seizure panchanama (Exh.41), the 9 articles containing in one polythene
bags (Articles D1 to D9 Colly.), the receipt book (Article 'E'), the second
envelope containing one locker key (Article 'F'), receipt of Rs.50,000/
(Article 'G'), xerox copies of R.C. Book and other documents of Honda City
Car (Article 'H' Colly.), shop documents (Article 'I'), xerox copies of
appraisal forms, the pista colour envelope (Article 'J'), panchanama
(Exh.43), seizure panchanama of Innova car (Exh.45), seizure panchanama
of Activa motorcycle and another car (Exh.46), applications of opening
bank account of PW 7 (Articles K to M respectively), applications of
opening bank account of PW 8 (Articles N to S respectively), applications
of opening bank account of PW 9 (Articles T to Z respectively), xerox copy
of gold loan application of PW 10 (Article Aa to Ab), xerox copy of gold
loan applications of PW 11 (Article Ac to Ae), search panchanama of the
house of the accused (Exh.264), statement of Hitesh Solanki (PW 8)
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(Exh.265), statement of Kailas Solanki (PW 7) (Exh.266 and 267 Colly.).
As to point No.1 to 5 :
(Cheating, Forgery)
7. The informant Tamilarasan Yelumalai stated in his evidence that
since 2013 he was working with the Indian Bank. In the year 2019 he was
transferred to Mumbai at Dharavi Branch. The Dharavi branch having five
clerks, three officers and one peon. The Zonal office is situated at Cuff
Parade Road, having 57 branches. He knows the accused. The accused
was working as Appraiser in their branch. When the customers were
applying for gold loan they obtained the certificate from appraiser about
the valuation of gold and its validity. The accused was appointed as
appraiser since 2015. The inspection of their branch was started on
30.08.2019, therefore, the Sr. Manager Ajay Kumar called for inspection of
gold and all documents. During the inspection the Ajay Kumar called
Sudhirkumar Ambolkar – appraiser of Kandivali branch for checking the
gold. The Sudhirkumar Ambolkar checked 672 bags of gold. During
inspection the Sudhirkumar Ambolkar found 77 bags containing gold
having bogus gold ornaments. Accordingly, he issued the ceritificate of
bogus gold. As per the certificate of Sudhirkumar Ambolkar he informed
his higher authority and called the accused. The accused was not in
Mumbai hence, they waited for arrival of the accused. The accused came
in Mumbai on 09.09.2019. They duly inquired with the accused. When
arrival of the accused their Zonal officer and other persons available in
their bank. After detailed inquiry as per the direction of superior they
informed to the police about the bogus gold kept in their bank. During
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their inquiry the accused confessed that he has kept bogus gold in their
branch and cheated for the Rs.3,57,84,000/ to the bank. Accordingly, on
10.09.2019 they informed to the police about the act done by the accused.
As per the information the police registered the crime against the accused.
The information is at Exh.13.
8. On 30.09.2019 the investigating officer along with the Government
valuer came to their bank and confront that the accused has prepared
bogus gold loan application, issued bogus appraiser certificate. The bogus
gold and appraiser certificate were used by the accused to obtain the gold
loan from the bank on the name of various people.
9. The witness no.2 stated in his evidence that on 30.09.2019 he was
called by the Dharavi police. Actually he is working in the Indian Bank. In
his presence the police called another panch Ganesh Kharat and prepared
panchanama of bogus gold which is shown before him in the court. He
identified the seized Article A to A 76. The all property is seized in front of
him and panchanama is also prepared in his presence.
10. The witness no.3 stated in his evidence that he was called by the
police on 13.09.2019 for preparation of panchanama. The police prepared
the panchanama in the shop of the accused namely Paneer Jeweller in
presence of another panch. In that panchanama bogus gold chain, bangles,
mang tikka of Rs.50,000/ were seized from the custody of the accused as
well as seized the xerox documents of Honda car. All articles were
identified by him before the court as per Article D1 to D9.
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11. The witness no.4 stated in his evidence that on 15.09.2019 he was
called by the police for declaration of panchanama along with another
panch. In his presence the accused stated that from the amount of fake
gold loan he purchased the vehicles by name Innova car. As per the
declaration of the accused they went to the house of the accused. The wife
of the accused gave the key of Innova car and the car is seized in his
presence. As well as on 16.09.2019 police also seized one Activa
motorcycle and another car in his presence. Accordingly, the seizer
panchanama is prepared as per Exh.45 and 46.
12. The witness no.5 stated in his evidence that he has the artificial
jewellery shop at Rajawadi Chawl, Dharavi, Mumbai. He knows the
accused. The accused having jewellery shop beside his shop. The accused
purchased artificial jewellery since last two years from him. The police
inquired him about his shop and purchasing of artificial jewellery.
13. The witness no.6 stated in his evidence that in the year 2019 he was
working as goldsmith and also appraiser at Kandivali branch of the Indian
Bank. He knows the informant. On 06.09.2019 he was called by the
informant for the inspection of gold loan applications on telephonic
message. Accordingly he went towards the bank of the informant and
checked the ornaments through paris stone and acid. He inspected 10
packets. All having original gold. Then after 83 bags containing gold
ornaments were given to him for inspection. Out of that 62 bags containing
bogus gold ornaments. During his inspection he has found 77 bags
containing ornaments were bogus. Accordingly he prepared a report in
presence of bank officer as per Exh.11. He also identified the Article A to
A76 before the court.
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14. The witness no.7, 8, 9, 12 and 13 are the gold loan applicant. They
were not supported to the prosecution.
15. The witness no.14 Santosh Tapase stated in his evidence that he is
the Investigating Officer. The Crime no.413/2019 U/Sec.420 of the Code
was registered in their police station. The investigation was handed over to
him. During investigation he found that the accused was working as a
appraiser towards the Indian Bank. The accused with another 11 persons
were applied for gold loan towards the Indian Bank. At the time of
sanctioning of the loan the accused submitted fake gold ornaments along
with fake appraisal certificate. By using the fake gold ornaments and loan
application, the accused and another 11 person were obtained loan from
the Indian Bank. During inspection he revealed that the accused prepared
bogus documents, used bogus gold ornaments to cheat the Indian Bank and
obtained loan of Rs.3 crore by using bogus gold ornaments and bogus
documents. The accused along with another 11 person were cheated to the
Indian bank. During inspection they found that the accused is liable for the
misappropriation of amount of Rs.3,57,84,000/. During inspection he
found sufficient evidence and hence, filed the charge sheet.
16. The Ld. APP argued that the accused is appraiser of the Indian Bank,
Dharavi branch, Mumbai. The accused along with another 11 persons
were applied for gold loan towards the Indian Bank. The accused prepared
bogus appraisal certificate of fake gold which is used for obtaining the loan
from the Indian Bank. The fake gold and fake appraisal certificate were
used to obtain the loan from the Indian Bank. The accused submitted the
fake gold and fake appraisal certificate towards the bank for committing
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the fraud with the Indian Bank. The forge documents and fake gold were
used to obtain the loan from the bank. Therefore, the Indian Bank has
filed the information against the accused. As per the information the
investigation carried by the witness no.14 as investigating officer. During
investigation the investigating officer found that the accused prepared false
and forge documents as well as used the bogus gold ornaments to obtain
the loan from the Indian Bank. The accused with intention to cheat the
Indian Bank committed fraud with the Indian Bank. The prosecution
examined total 14 witnesses to prove the guilt of the accused. All the
witnesses were stated that the accused has obtained loan on bogus gold
ornaments. The appraiser namely Sudhirkumar Ambolkar also stated that
he has found 77 bags containing bogus gold ornaments. Accordingly, the
Ambolkar has issued the certificate of inspection. The prosecution has
proved that the accused with intention to cheat the bank, prepared bogus
documents and bogus gold ornaments were submitted for obtaining the
loan and hence, the accused has is liable to be punished. The prosecution
has proved the charge leveled against the accused by submitting oral as
well as documentary evidence. All prosecution witnesses supported to
prosecution hence, prayed the accused be punished.
17. The advocate of the accused filed written arguments at Exh.270 and
submitted that the charge levelled against the accused is not proved by the
prosecution. The prosecution witnesses other than bank officers were not
supported to the prosecution. The gold loan applicant were also not
supported to the prosecution. Only the informant, witness no.2 the clerk of
the Indian Bank and witness no.6 Sudhirkumar Ambolkar were supported
to the prosecution. Both the witnesses are interested witnesses. They are
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having interest to punish the accused. Therefore, without any independent
support of evidence the prosecution has completely failed to prove the
charge levelled against the accused. The advocate of the accused further
submitted that the informant Bank Manager admitted in his evidence that
every three months the gold kept in their bank was verified by their Branch
Manager along with the appraiser. The quarterly inspection was carried.
During quarterly inspection they does not found that the accused kept
bogus ornaments for obtaining the gold loan. The informant also admitted
that the accused does not applied for opening of gold loan account in his
bank. Though the three accounts were available in the name of the
accused. He also admitted that total amount of cheating were not
transferred towards the bank account of the accused. He also stated that as
per the gold loan application the gold loan was transferred towards the
gold loan applicant on their account respectively. The witness no.7 to 13
were the gold loan applicant. They all are admitted that they were filed
application for gold loan and the gold loan was transferred in their account
respectively. The bank were does not inquired to them to recover the gold
loan as well as the sanctioning of gold loan. Therefore, there is no
sufficient evidence to prove the guilt against the accused. The
documentary as well as oral evidence produced by the prosecution is not
sufficient to prove the charge against the accused. The prosecution has
filed the gold loan application of the witnesses. All the application and the
appraisal certificates were signed by the informant as well as the Branch
Manager. Therefore, the Branch Manager is responsible for all the things.
The Branch Manager and witness Ambolkar stated in their evidence that in
presence of Branch Manager the gold was verified. After verification of
gold the gold loan was sanctioned. Without verification of Manager the
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gold loan was not sanctioned. Therefore, the charge levelled against the
accused is not proved beyound reasonable doubt. Hence, he prayed to
acquit the accused.
18. Before discussing the evidence it is necessary to mention here
Section 420 of the Code “Whoever cheats and thereby dishonestly
induces the person deceived to deliver any property to any person, or to
make, alter or destroy the whole or any part of a valuable security, or
anything which is signed or sealed, and which is capable of being
converted into a valuable security, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine”.
19. The Section 465 of the Code “ Whoever commits forgery shall be
punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both”.
20. The Section 467 of the Code “ Whoever forges a document which
purports to be a valuable security or a will, or an authority to adopt a
son, or which purports to give authority to any person to make or
transfer any valuable security, or to receive the principal, interest or
dividends thereon, or to receive or deliver any money, movable
property, or valuable security, or any document purporting to be an
acquittance or receipt acknowledging the payment of money, or an
acquittance or receipt for the delivery of any movable property or
valuable security, shall be punished with 98[imprisonment for life], or
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with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine”.
21. The Section 468 of the Code “ Whoever commits forgery,
intending that the 99[document or electronic record forged] shall be
used for the purpose of cheating, shall be punished with imprisonment
of either description for a term which may extend to seven years, and
shall also be liable to fine”.
22. The Section 471 of the Code “ Whoever fraudulently or
dishonestly uses as genuine any 2[document or electronic record] which
he knows or has reason to believe to be a forged 2[document or
electronic record], shall be punished in the same manner as if he had
forged such 2[document or electronic record]”.
23. As per the intention of legislator the cheating intention must be
gathered by the act of the accused. The intention of cheating must be
prior to committing of offence, preparation of false documents and
using the false documents as genuine is must important factor in the
forgery. Preparation of false documents and its use for getting the
wrongful gain and causing the wrongful loss to the another party is an
important factor of cheating. Then we can say that the accused
committed wrongful loss to the informant or any other person by
using the forge and false documents with the intention to cheat the
informant.”
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24. In the case in hand the informant PW 1, the appraiser Shri
Ambolkar PW 6 stated in their evidence that the accused and another
persons were applied towards the Indian Bank for obtaining the gold
loan. At the time of obtaining the gold loan the accused with common
object with the gold loan applicant used fake gold and fake appraisal
certificate for obtaining the gold loan. The PW 6 stated that during his
inspection he found 77 bags containing fake gold ornaments.
Accordingly, he issued certificate. Hence, cheated to the informant by
using forge documents and fake gold ornaments.
25. The informant admitted in his evidence that in every quarter
their bank has inspected the gold ornaments kept with the bank for
obtaining the gold loan. In quarterly inspection they does not found
that the accused have prepared bogus appraisal certificate as well as
used the bogus gold ornaments for obtaining the loan from their bank.
The informant admitted that it is the procedure of their bank that gold
ornaments were checked in presence of the Branch Manager then the
appraisal certificate for gold were issued. After issuing the appraisal
certificate the gold loan was sanctioned to the account holders. Firstly
the gold loan applicant was approached to their bank. They verified
the gold and then send the gold towards the appraiser. After
sanctioning of gold loan the loan was disbursed in the account of gold
loan applicant on their bank account. Therefore, the question does
not arises to transfer the loan amount towards the another account
holder. After checking the gold by appraiser the custody of gold
ornaments is with the Branch Manager. During quarterly inspection
the Branch Manager were checked the gold and submitted report to
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their Higher Authority.
26. Considering the evidence of the informant it reveals that the
gold was verified in presence of Branch Manager and appraiser. After
verification of both Manager and appraiser the gold loan was
sanctioned and custody of gold were kept with the Manager of the
concerned bank. All the documents and gold is in the custody of
Branch Manager, therefore, it clearly shows that after sanctioning the
loan the gold is kept in the safe custody of the Branch Manager.
27. In the case in hand it is an important to note that the informant
has filed gold loan applications before the court from Exh.58 to
Exh.169. All the applications having supported appraisal certificates.
After going through all the applications it shows it was not properly
fill up by the Branch Manager. Without fulfilling the application of
gold loan the Branch Manager has signed the loan application and
sanction the gold loan. All gold loan applications shows that the
Branch Manager has not applied his mind to fill up all gold
application. Only the name of gold loan applicant is fill up other than
this nothing is fill up by the informant or the gold loan applicant. On
incomplete applications the gold loan sanctioned to the witnesses and
another applicant. Some gold loan application were not supported by
the appraisal certificate. The appraisal certificate (Exh.61) does not
bear the signature of appraiser though the Bank Manager has
sanctioned the loan to the concerned persons. It shows that the
Branch Manager does not applied his mind at the time of sanctioning
of gold loan by keeping fillin the blanks and sanctioned gold loan. It
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shows the negligence of the Branch Manager.
28. After scrutinizing the evidence of the informant along with
witness no.6 Ambolkar it shows that they verified the gold from
witness no.6 and found that the gold ornaments were kept are bogus
and which is used to obtain the loan. It is duty of investigating officer
that during investigation he must apply to the Government goldsmith,
appraiser to verify the seized gold ornaments and obtained the
certificate from that Government goldsmith for the seized property is
fake gold ornaments or original gold ornaments. But the investigating
officer does not apply for Government goldsmith to verify the seized
gold ornaments. During investigation investigating officer must seized
all the gold loan applications and the appraisal certificates, but
investigating officer does not seized the same and without seizure of
gold loan application filed charge sheet before the court. During the
trial the informant produces gold loan application along with
appraisal certificate. The gold loan applications and appraisal
certificates were completely complied by the Branch Manager. So
many fillin the blanks in the gold loan applications. Some gold loan
application were not supported by the appraisal certificate. The
appraisal certificate does not bears the signature of the accused.
29. The most important fact is that the 11 gold loan applications
were produced before the court by the informant. Out of 6, gold loan
applicants were examined by the prosecution. All gold loan applicants
were not supported to the prosecution. The gold loan applicants were
stated that they does not went towards the bank for getting the gold
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loan. The appraisal certificates were does not issued in their presence.
Their gold was not verified in their presence by the Branch Manager
and appraiser. They also stated that after sanctioning the gold loan
they does not received any communication as oral or written to them
about sanctioning of gold loan. In such circumstances it reveals that
the concern of the Bank Manager is also with the collusion to sanction
the gold loan without applying proper procedure of bank.
30. By considering the above oral and documentary evidence as
discussed by me it reveals that the gold loan applications from Exh.58
to 169 along with appraisal certificates were not property fill up by the
concern Branch Manager without applying his mind the Branch
Manager sanctioned the loan. The investigating officer failed to
confront that the seized gold articles A1 to A76 were bogus by
inspecting from the Government goldsmith. The investigating officer
also not seized the loan applications of the accused as well as the
witnesses. The account statement of witnesses and the accused were
shown that the loan amount were transferred in the name of
concerned loan applicant. The bank has not given any intimation
towards the concerned loan applicant. That all the loan applications,
the evidence and the documentary evidence filed on record does not
shows the loan sanctioned order, that such and such amount were
sanctioned as gold loan to the concerned persons. In such
circumstances does not come on record that the accused with
intention to cheat the Indian Bank he prepared false documents, used
the fake gold articles to cause wrongful loss, or to forge the signature,
for committing the fraud. It also not proved that the accused use false
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documents as genuine for obtaining gold loan. The evidence of the
prosecution having so many doubts and defect, therefore, I does not
found that the accused is liable to punish. Therefore, the prosecution
failed to prove the charge levelled against the accused and hence, I
answer point no.1 to 5 in the negative.
As to point no.6 :
31. The prosecution failed to prove that the accused cheated the
bank, witness / borrower by producing bogus gold for gold loan and
transferred the said loan amount in his account through cheque or
voucher. Also the accused did fake signatures of witness / borrower
Manisha Solanki and Hitesh Solanki on vouchers and transferred the
gold loan amount in his account. Also he issued certificate to the bank
as he knew it the said gold is bogus which were produced in the bank.
Hence, I answer point no.1 to 5 in the negative. The prosecution failed
to prove the guilt of the accused beyond a reasonable doubt. Hence, I
hold that the accused are liable to be acquitted. Accordingly, I answer
point no.6 and pass the following order :
ORDER
i. The accused Ramaswami Panirhariputtiran Achari us acquitted as
per Sec.248 (1) of the Code of Criminal Procedure, 1973 from the offence
punishable under Section 420, 465, 467, 468, 471 of The Indian Penal
Code.
ii. The bail bond of the accused stands cancelled.
iii. The accused be complied provisions of U/Sec.437 (A) of Cr.PC.
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C.C. No.947/PW/2007
iv. Seized muddemal property i.e. a) bogus golden necklace, b) bogus
golden 5 chains, c) bogus golden ring, d) bogus golden mang tika, e) bogus
golden 3 bangles and bogus golden jewellery kept in 77 bags, f) gold loan
application form along with xerox copy of guidelines of Indian Bank,
Dharavi branch, Mumbai, g) Indian Bank locker deposit total Rs.50,000/
along with locker key no.64 be returned to the Indian Bank, Dharavi
Branch, Mumbai on due identification after appeal period is over.
v. Seized muddemal property i.e. a) xerox papers of Honda motorcycle
MH01DJ6390, b) xerox of Smart card of Innova car, c) Innova car
no.MH01BY3301 along with key and smart card, d) Honda Citi car
no.MH01VA4097 along with key and smart card, e) Activa motorcycle
no.MH01DJ8390 along with key and smart card and xerox papers, f)
original papers of shop no.15, A Building, Ground Floor, Dhruvi Tower,
VOC CHS, 90 Feet Road, Dharavi, Mumbai has already returned to the
accused, Supurtnama bond be made absolute
vi. Dictated and pronounced in open court.
Sd/
(Jaydeo Y. Ghule)
Metropolitan Magistrate,
Date : 24.05.2021 12th Court, Bandra, Mumbai
srp.
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