SYED IMTIYAZ KHAZMI, HYD Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner aggrieved by the order passed by the VII Additional Chief Metropolitan Magistrate, Hyderabad in SR.No.5488 of 2015 dtd. 9/2/2016 in dismissing the private complaint filed by him under Sec. 203 of Cr.P.C.

(2.) The case of the petitioner was that he filed a private complaint before the Court under Sec. 200 of Cr.P.C. against the respondents who were none other than his own brothers. The complainant was working in Saudi Arabia, for a period of 13 years and since 1984, he used to send a part of his earnings through his friends and relatives who frequently used to visit India, to create savings. At that time, the accused Nos.1 and 2 made a joint representation that if the money was sent to them directly, they would deposit the same in the complainant's bank account at SBH, Malakpet Branch, Hyderabad, and would keep the account under their supervision till the complainant returned back to India, or else they would purchase a property in his name. He was an illiterate person and except signing or writing his own name in English, could not understand anything. Believing the representation of the accused, he continued to remit his savings in his account with a clear understanding that it would be appropriated as per the instructions of the complainant to purchase immovable property. The complainant continued to remit the amount till the month of December 2012. On an estimate, he sent Rs.60,00,000.00 in the name of the accused for his savings. As the accused were none other than the own brothers of the complainant, he never cross checked them nor did he avail the facility of internet banking or mobile banking, which would have enabled him to know the transactions being made through his account. The complainant insisted the accused to obtain bank statement and send it to him but the accused kept on assuring him that his entire amount was safe and when he returned to India, he could verify the same. Whenever the complainant came to India, the accused somehow managed to divert his attention and avoid bringing the topic relating to his savings or kept themselves out of reach. The complainant on returning back to India tried to contact the accused on several occasions along with his wife, but the accused evaded and avoided to meet the complainant. Lastly on 20/11/2015, the accused came to the residence of the complainant, beat him with hands and snatched most of the bank receipts and other documents from the hands of the complainant who was holding it in his hands to show it to the witnesses LWs.1 and 2, who were called by the complainant for settlement with the accused. The incident was reported to the police but they did not register any case due to some political influence. Right from the inception, the accused had an intention to deceive the complainant, as such they offered to deposit the money in complainant's account and then kept on withdrawing the same for their use, by forging the signature of the complainant. On 20/8/2015, the complainant went to P.S. Chaderghat and gave an oral complaint but the police failed to register the FIR. The offence of cheating and breach of trust committed by the accused came to light in February, 2013 and thereafter, the accused themselves admitted their guilt and promised to make good the loss, but once again deceived the complainant. The accused had committed the act of forgery continuously over a period of 20 years and this illegal act also came to light only in the month of February, 2013. In the month of March, 2013, the complainant approached the local police to give complaint against the accused, but the accused fell on the feet of the complainant and admitted their guilt and requested the complainant to forgive them and promised to pay the entire amount by taking loans and selling the jewellery within 18 months. The complainant believing the accused granted time, but the accused failed to honour their promise and never turned up to pay the misappropriated amount.

(3.) The complainant examined himself as PW.1 and got examined his wife as PW.2. Exs.P1 to P7 documents were marked by him. Exs.P1 to P5 were the customer copies of cheque deposit receipts, Ex.P6 was the statement showing the bank account number and Ex.P7 was the acknowledgment given by the police Chaderghat.