Criminal Petition No. 9483 of 2018 · The High Court
Case Details
- 1 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 9483 OF 2018 BETWEEN: …PETITIONER SRI. M. NANDISH S/O. B. MAHADEVAPPA, AGED ABOUT 36 YEARS, R/O NO.21, 8TH CROSS, NEAR VENKATESHWARA TEMPLE, BEGUR MAIN ROAD, HONGASANDRA, BENGALURU 560 068. (BY SRI. BHARATH KUMAR V., ADVOCATE) AND: 1. STATE OF KARNATAKA,
Legal Reasoning
THROUGH STATION HOUSE OFFICER, BOMANAHALLI POLICE STATION, BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HON'BLE HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU-560 001
Legal Reasoning
2. SMT. PUSHPA W/O SHIVA, AGED ABOUT 36 YEARS, R/AT NO.64, NANJUNDAIAH LAYOUT, NEAR CANARA BANK, BEGUR, BENGALURU-560 068 Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 3. SHIVA S/O LATE MALLAIAH R/AT NO.64, NANJUNDAIAH LAYOUT, NEAR CANARA BANK, BEGUR, BENGALURU-560 068 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. RAMU S., ADVOCATE FOR R2 AND R3 (ABSENT)) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 23.11.2018 PASSED BY THE HON'BLE C.M.M., BANGALORE IN MATTER BEARING PCR.NO.14695/2018 (VIDE ANNEXURE-A) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Petitioner being the sole accused in PCR No.14695/2018 pending on the file of the learned Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 405, 415, 418, 423, 441, 350 read with Section 34 of IPC, is seeking to quash the criminal proceedings initiated against him. 2. Brief facts of the case are that respondent Nos.2 and 3 as complainants filed the private complaint in PCR - 3 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 No.14695/2018 against the petitioner alleging commission of the offences as stated above. 3. It is stated that the accused had sold the site measuring 30 x 40 sq.ft. in No.11, Katha No.105/1 situated at Hongasandra village, Begur Hobli, Bengaluru South Taluk with a RCC building, in favour of respondent No.2 under the sale deed dated 05.06.2017. Five houses situated therein were leased by the accused. He promised to repay the lease amount of Rs.9,80,000/- and promised to get the tenants vacated. In spite of that accused has not vacated the tenants. The cheques issued by the accused got bounced and separate complaint was registered against him. Therefore, it is the contention of the complainants that the accused has committed criminal breach of trust and caused the loss. The Trial Court referred the matter for investigation under Section 156 (3) of Cr.P.C. Petitioner being the accused is before this Court seeking to quash the criminal proceedings. - 4 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 4. Heard Sri.Bharath Kumar V., learned counsel for the petitioner and Smt.Rashmi Patel, learned High Court Government Pleader for the respondent No.1-State. Learned counsel for the respondent Nos.2 and 3 remained absent and no representation. Hence, his argument is taken as Nil. Perused the materials on record. 5. In view of the rival contentions urged by the learned counsel for both parties, the point that would arise for my consideration is: “Whether the Petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" 6. My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 7. The only ground urged by the learned counsel for the petitioner is that the complainants have not complied with the directions issued by the Hon'ble Apex Court in - 5 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 Priyanka Srivastava and another vs. State of Uttar Pradesh and another1. No affidavit was filed by the complainants for having complied the requirement of Section 156 (3) of Cr.P.C. and therefore, learned counsel for the petitioner prays for directing the complainants i.e., respondent Nos.2 and 3 to comply with the requirement of directions issued by the Hon'ble Apex Court in Priyanka Srivastava's (supra). 8. Learned HCGP for respondent No.1 has no objection for the same. Even though learned counsel for respondent Nos.2 and 3 were represented by their counsel, he has not addressed his arguments. 9. On perusal of the materials on record, it is found that even though private complaint is filed by respondent Nos.2 and 3 making specific allegations against the petitioner, no affidavit appears to have been filed by them before the trial Court in compliance of Section 156 (3) of Cr.P.C. Thereby, the directions issued by the Hon'ble 1 (2015) 6 SCC 287 - 6 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 Apex Court in Priyanka Srivastava's (supra) to file an affidavit to speak about the compliance of the requirement of law for having filed the complaint with the police or for having sent a copy of the complaint to the higher officers through post, is not being complied with. The said defect is a curable defect and under such circumstances, the same cannot be a ground to quash the criminal proceedings. Respondent Nos.2 and 3 may be directed to cure the defect by filing necessary affidavit in terms of directions issued in Priyanka Srivastava's (supra) and on consideration of the same, the trial Court can proceed to pass appropriate orders. 10. In view of the above, I answer the above point partly in the affirmative and proceed to pass the following:-
Decision
ORDER i. The petition is allowed-in-part. ii. The prayer of the petitioner to quash the criminal proceedings is rejected. - 7 - NC: 2025:KHC:3780 CRL.P No. 9483 of 2018 iii. Respondent Nos.2 and 3 are directed to file necessary affidavit in compliance of the directions issued by the Hon'ble Apex Court in Priyanka Srivastava's (supra) and on filing such affidavit, the trial Court is directed to proceed with the matter in accordance with law. In view of the disposal of the petition, I.A.No.1/2020 for vacating stay stands disposed of. Sd/- (M G UMA) JUDGE MH/- List No.: 1 Sl No.: 22 CT:SNN