N.J. RAVISHANKAR Vs. MANI S. SHIVAMURTHY

JUDGEMENT

(1.) The present revision petition is filed by the complainant challenging the order passed in C.C. No.2053/2001 dtd. 19/9/2011 passed by the First Additional CMM at Bangalore, whereby the accusedrespondent came to be acquitted for the offence punishable under Ss. 419, 468 and 471 read with Sec. 420 of IPC which was confirmed in Crl.A.No.786/2011 dtd. 23/2/2012 by the Fast Track Sessions Court XVI, Bangalore City.

(2.) Brief facts of the case are as under: The complainant was the sole proprietor of M/s. Signtech which is in the business of manufacturing of sign boards and the accused was working as sales executive in the said firm from 8/4/1999 to 31/5/2001 on monthly salary of Rs.2,000.00 per month with petrol allowance. It is further contended that accused with an intention has opened another firm in the name of M/s. Signtech by misusing the seal of the firm belonging to the complainant under the same name, entity, CST and KST registration numbers. Accused also opened current account in Sreenidhi Sahakara Bank Niyamitha, VV Puram, Bangalore and caught getting the money deposited in to the account opened by the complainant whereby the accused has cheated to the extent of sum of Rs.2,00,000.00. Based on the complaint, the police investigated the case and filed charge sheet against the accused. Presence of the accused was secured and charge was framed and accused pleaded not guilty. Therefore, trial was held.

(3.) In order to prove the case of the prosecution, the prosecution in all examined 3 witnesses as PWs.1 to PW.3 and relied on 18 documentary evidences, which were exhibited and marked as EXs.P1 to P18.