IN THE HIGH COURT OF KERALA AT ERNAKULAM
B. KEMAL PASHA, J.
ASHISH ARORA & ORS. - PETITIONERS
Vs.
STATE OF KERALA & ORS. - RESPONDENTS
W.P.(C) Nos.19310 of 2015 & 6378 of 2016
Decided On : 01-03-2016
Criminal Procedure Code, 1973 - Ss.218 & 212( 2) - Penal Code 1860 - Ss.420 & 406 - Cheating - Criminal Breach of Trust - Separate charges for distinct offences - Whether offences under Sections 420 I.P.C. and 406 I.P.C. are alleged, with regard to the same transaction or distinct charges - Whether said two offences should be tried together or not - Held, Petitioners have relied on the proviso to Section 218 Cr.P.C. regarding the joinder of charges. As per the said proviso, where the accused person, by an application in writing, so desires and the Magistrate is of the opinion that such person is not likely to be prejudiced, thereby the Magistrate may try together all or any number of the charges framed against such person. The proviso to Section 218 has also no application as far as these cases are concerned. That relates to distinct offences in a particular case. In a case wherein offences under Sections 420 I.P.C. and 406 I.P.C. are alleged, with regard to the same transaction, distinct charges should be framed for the said two offences and in that case, those two offences should be tried together. Apart from that, the said proviso has no application as far as these crimes are concerned.
Five among the accused in 23 crimes registered at different police stations have come up before this Court with a request to have the cases relating to all those crimes to be clubbed together as one case, thereby enabling the same to be tried together before one among the courts.
2. Petitioners are youngsters of the age group of 25-30. They are hailing from the State of Punjab. They have invented a peculiar modus operandi to cheat the State Bank of Travancore as well as the Federal Bank Limited. They used to fly from New Delhi to Nedumbassery, from where they used to hire a taxi and proceed to Thiruvananthapuram and other different locations, and to return to Nedumbassery. On the way, they used to step down at the ATM counters of the Federal Bank Limited and the State Bank of Travancore. By making use of different ATM cards procured from ICICI Bank, Axis Bank as well as HDFC Bank, they used to withdraw money from the ATM counters of the State Bank of Travancore and the Federal Bank Limited. For getting money, they used to insert the ATM cards and feed the PIN number. When money comes out for 10,000/-, they used to pick up 9,500/- out of it and leave the balance for 500/-. During the period of incident of these cases, in the ATMs of State Bank of Travancore as well as the Federal Bank Limited, the machine used to take back that currency left at the machine. As and when the money goes inside, the original transaction wherein an amount of 10,000/- was requested to be withdrawn would be reversed, thereby the account holder of that particular Bank would not lose any money from the account. At the same time, the persons withdrawing money from such ATMs could obtain the amounts taken by them out of the machine.
3. It is alleged that by applying the aforesaid modus operandi, they have cheated and defrauded the Federal Bank Limited as well as the State Bank of Travancore for crores of rupees. According to both the learned counsel for the petitioners, the amount allegedly defrauded would come only to a few lakhs of rupees and not crores, as alleged.
4. Heard Sri. Millu Dandapani and Sri. Rajit for the petitioners, Sri. Jawahar Jose for the State Bank of India, Sri. K. Madhusoodanan for the Federal Bank Limited, and Sri. Tom Jose Padinjarekkara, the learned Additional Director General of Prosecutions, for the State.
5. The learned Additional Director General of Prosecutions has produced a statement which shows the details of the crimes against the petitioners, as follows:-
Sl. No.
Police Station
Crime No. & Section of law
Whether charge sheeted or not & Name of Court
CC No.
1.
Central PS
Cr.1313/12 u/s.120B, 419, 420 & 34 IPC & 66A & C of IT Act
Charge sheeted before the CJM Court, EKM on 30.3.13
123/13
2.
Central PS
Cr.1314/12 u/s.120B, 419, 420 & 34 IPC & 66A & C of IT Act
Charge sheeted before the CJM Court, EKM on 30.3.13
124/13
3.
Central PS
Cr.1315/12 u/s.120B, 419, 420 & 34 IPC & 66A & C of IT Act
Charge sheeted before the CJM Court, EKM on 30.3.13
120/13
4.
Central PS
Cr.1321/12 u/s.120B, 419, 420 & 34 IPC & 66A & C of IT Act
Charge sheeted before the CJM Court, EKM on 30.3.13
125/13
5.
Kadavanthra PS
Cr.779/12 u/s.120B, 419, 420 & 34 IPC & 66A & C of IT Act
Charge sheeted before the CJM Court, EKM on 30.3.13
112/13
6.
Kalamassery
Cr.1027/12 u/s.420 & 34 IPC
Charge sheeted before the JFCM Court, Kalamassery on 15.4.15
CC No. not obtained
7.
ET South PS
Cr.745/12 u/s.420 & 34 IPC
Charge sheeted before the ACJM Court, EKM on 20.11.13
829/14
8.
ET South PS
Cr.746/12 u/s.420 & 34 IPC
Charge sheeted bef
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