Final Order 1

Order Details: Copy  of Judgment
Pdf Text: 1 Judgment in C. C. No.1557/PW/2018
Filed on .. 12.06.2018
Registered on .. 12.06.2018
Delivered on .. 28.02.2025
Duration .. 06Y 08M 16D
CNR No.MHMM-1900-6175-2018
Exh.10
IN THE COURT METROPOLITAN MAGISTRATE ,
65th COURT, ANDHERI, MUMBAI.
(Presided over by Hashmi H.A.H.I.)
(Judgment as per Sec. 355 of the Cr.P.C.)
(a) The serial number of the
case;
: C.C. No.1557/PW/2018
(b) The date of commission of
offence;
On 03.03.2018
(c) The name of the informant,
if any;
: Through PSO Andheri Police
Station (CR No.114/2018)
(d) The name of the accused
person, his parentage and
residence;
: 1. Swaraj Suryakant Khamkar – 19
Occupation : Nil
2. Sahil Salim Shaikh – 19 yrs
Occupation : Nil
Both R/o.: Room No.102, Building
No.10, A wing, SRA project, Kurla
(W), Mumbai
(e) The offence complained of
or proved;
: U/Sec.420 r/w. 34 of the Indian
Penal Code r/w. 66(C), 66(D) of
Information Technology Act.
(f) The plea of the accused and
his examination, (if any);
: Accused pleaded not guilty
(g) The final order; : Accused are acquitted
h) The date of such order; : 28.02.2025
Appearance : Ld. APP. Samrat Patil for the State
Ld. Adv. Shri. Name for the accused
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2 Judgment in C. C. No.1557/PW/2018
JUDGMENT
(Delivered on 28.02.2025)
1. Accused have been charge-sheeted for the offences
punishable U/Sec. 420 r/w. 34 of the Indian Penal Code r/w. 66(C),
66(D) of Information Technology Act.
The prosecution case in short is as follows :-
On 03.03.2018 at about 9.00 pm to 10.00 pm at Kotak
Mahindra ATM , Old Nagardas Road, Andheri (E), Mumbai the accused
in furtherance of their common intention, cheated the informant by
withdrawing cash amount of Rs.10,000/- from ATM machine by using
informant’s ATM PIN number and cheated her. Thereafter, informant
lodged complaint against the accused. On the basis of complaint
Andheri Police station has registered an offence bearing Crime No.
114/2018. During the investigation, the Investigating Officer has
recorded statement of witnesses, prepared spot panchanama and seized
cash amount. After completion of investigation submitted charge-sheet
against the accused.
2. My predecessor has framed charge against the accused vide
Exh.2 on dtd. 25.02.2020 and it read over and explained to accused in
vernacular, to which they pleaded not guilty and claimed to be tried.
Their defence is of total denial and false implication.
3. As there is no any incriminating evidence against accused,
therefore statement of accused U/sec. 313 of Criminal Procedure Code
stands dispensed with.
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3 Judgment in C. C. No.1557/PW/2018
4. Following points arise for my determination and I have
recorded findings thereon for the reasons discussed herein after :-
S.NO. POINTS FINDINGS
1 Does prosecution prove that on 03.03.2018 at
about 09.15 pm at Kotak Mahindra ATM , Old
Nagardas Road, Andheri (E), Mumbai the
accused in furtherance of their common
intention, withdrawing cash amount of
Rs.10,000/- from ATM machine by using her
PIN number without her consent and thereby
cheated the informant for an amount of Rs.
10,000/-?
...Not
proved
2 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention, dishonestly used the
password of informant ?
...Not
proved
3 Does prosecution prove that on the above date,
time & place, accused in furtherance of their
common intention cheated the informant by
withdrawing the amount from the bank
account of informant by using her PIN in ATM
Machine?
...Not
proved
4 What order ? Accused
are
acquitted
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4 Judgment in C. C. No.1557/PW/2018
R E A S O N S
As to points No. 1 to 4 :
5. In order to prove guilt of the accused, the prosecution has
examined only one witness i.e. informant P.W. No.1 Prajkata Bhushan
More at Exh.6. Thereafter, the prosecution filed evidence closed pursis
at Exh.9, therefore, evidence of prosecution closed by passing order
below Exh.1.
6. P.W. No.1 informant Prajkata Bhushan More in her chief
examination stated that she had lodged the complaint against two
persons who had been withdrawn the money from her account illegally.
She has lodged the complaint due to misunderstanding. On the basis of
her complaint, Andheri police station has registered an offence against
two persons. The complaint is at Exh.7. During her cross-examination
she has admitted that, the matter has been settled between her and the
accused out of court and now there is no dispute remained in between
her and accused persons. She had received her amount from the
accused, therefore, she doesn’t want to proceed the present case against
the accused.
7. It is pertinent to note that, the informant not stated any
incriminating evidence against the accused. Moreover, she has
categorically stated that she has received her amount therefore, she does
not want to proceed with the present case. As the informant not supported
to the prosecution case and not stated against the accused, therefore, the
prosecution did not examine further evidence. In the evidence of P.W.No.1,
there is no incriminating evidence came on record. Considering facts and
circumstances, I come to the conclusion that prosecution has not proved
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5 Judgment in C. C. No.1557/PW/2018
the case against the accused beyond reasonable doubt, therefore, I
answered points No.1 to 3 are in the negative and for answering point
No.4, I pass following order :-
ORDER
1) Accused viz. 1. Swaraj Suryakant Khamkar and 2. Sahil
Salim Shaikh are acquitted vide Section 248(1) of the Cr.P.C.
for the offences punishable U/Sec.420 r/w. 34 of the Indian
Penal Code r/w.66(C), 66(D) of Information Technology
Act.
2) Bail bonds of accused are stands cancelled.
3) Accused are directed to furnish P.B. of Rs.15,000/- each
for appearance before the Hon'ble Appellate Court, in case
appeal is filed against the judgment of this Court vide Section
437(A) of the Cr.P.C.
4) Seized muddemal i.e. Cash mentioned in the charge-
sheet be returned to it’s original owner after appeal period is
over, if any.
5) Judgment dictated & declared in an open Court.
Date : 28.02.2025 (Hashmi H.A.H.I.)
Metropolitan Magistrate,
65th Court, Andheri, Mumbai.
ask
Dictated &
typed on :28.02.2025
Signed on :28.02.2025
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