Criminal Petition No. 12074 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 12074 OF 2023 BETWEEN: 1. SRI. PUTTARANGASWAMY S/O LATE RANGAPPA, AGED ABOUT 58 YEARS, PROPRIETOR OF MULTI IMPEX, NO.10, 4TH MAIN, BYRESHWARANAGAR, NAGARABHAVI MAIN ROAD, MOODLUPALYA, BENGALURU-560072. (BY SRI. KESHAVA K V., ADVOCATE) AND: 1. STATE OF KARNATAKA …PETITIONER
Legal Reasoning
Digitally signed by REKHA R Location: High Court of Karnataka THROUGH THE POLICE STATION SUB INSPECTOR, VIJAYANAGARA POLICE STATION, MYSURU CITY-570017 REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BENGALURU-560001
Legal Reasoning
2. SRI. CHANDRU R S/O RAJRAM N GOWDA, AGED ABOUT 56 YEARS, NO.1030/1, KARIGOWDA STREET HUNSUR, MYSORE DISTRICT-571105 (BY SRI. M.R.PATIL, HCGP FOR R-1; SRI. P.PRITHVI KIRAN SHETTY., ADVOCATE FOR R-2) …RESPONDENTS - 2 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR THIS CRL.P IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND QUASH THE FIR AND ALL THE PROCEEDINGS IN CR.NO.88/2022 BY THE VIJAYANAGAR POLICE MYSURU CITY PENDING ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM AT MYSURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER Section 406,420,471,468,504,506 READ WITH Section 34 OF IPC AGAINST THIS PETITIONER/ACCUSED NO.2, ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.2 has filed this petition under Section 482 Cr.P.C, to quash the criminal proceedings initiated against him in Cr.No.88/2022 of Vijayanagar PS, Mysuru, for the offences punishable under Sections 406, 420, 471, 468, 504 and 506 r/w Section 34 IPC. - 3 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR 2. For the sake of convenience, parties are referred to by their ranks in the crime stage. 3. In support of the petition, accused No.2 has contended that the allegations made against him does not constitute any offence. Complainant has managed to get a false complaint registered with an ulterior motive to harass accused No.2. He is the father of accused No.1. Accused No.2 is the wife of accused No.1. In order to pressurize them to settle the amount, they have been implicated along with this case. No transaction as alleged has taken place and no amount is deposited into the account of Multi Impex company run by accused No.2. Accused No.2 is running business independent of accused Nos.1 and 3. The continuation of criminal proceedings against accused No.2 would amount to abuse of the process of the Court and hence, the petition. 4. On the other hand, learned counsel representing respondent No.2 complainant and learned High Court - 4 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR Government Pleader representing respondent No.1 State submit that complainant is working as Company Manager in Kusum Packaging Enterprises. The said company wanted to modernize and improve the business and therefore decided to install new and improved machines. It decided to import machines from China for ₹3,30,00,000/- through Mount Kailash Print Pack Machines Company and advance of ₹10 lakhs was also paid. 5. When complainant and the supervisor of the company Karthik M.R were planning to visit China, accused No.1 Hemant Kumar, who is the relative of Karthik M.R intervened saying that he is knowing about the machines and accompanied them to China. After returning from China, accused No.1 Hemant Kumar offered to get the same machines for ₹2,50,00,000/- and therefore the contract with Mount Kailash Print Pack Machines Company was cancelled, forfeiting ₹10 lakhs paid as advance. In all 2,55,44,452/- were transferred to the Multi Impex Company account. Kusum Packaging Industries also - 5 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR borrowed loan from KSFC. However, accused No.1 did not get the machines supplied. 6. Only when the documents furnished by him were examined by the complainant, he realised that they are fake documents and that they have been cheated. When complainant and owners brought this fact to the notice of accused Nos.1 and 3, accused Nos.1 and 2 appeared before the Manager of KSFC and admitted in writing that complainant and the company are cheated and offered to pay the amount at the earliest. However, they have failed to repay the same. In the meanwhile, recovery proceedings have been initiated against the accused person of Kusum Packaging Industries. After waiting for reasonable time, the complaint is filed. Allegations made against the accused persons, including the petitioner are very grave and requires a thorough investigation. It is not a case for quashing the proceedings against the accused, including the petitioner and pray to dismiss the petition. - 6 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR 7. Heard arguments and perused the record. 8. The complaint reveal that when Kusum Packaging Industries in order to improve their business, wanted to purchase new machines and in fact had decided to purchase the same through Mount Kailash Print Pack Machines Company for ₹3,30,00,000/- and paid advance of ₹10 lakhs, accused No.1 intervened and offered to get them for ₹2,55,44,452/- through the company run by his father and wife. In fact, payment have been made on behalf of Kusum Packaging Industries. In this regard, the said company has borrowed loan from KSFC. However the accused persons failed to get the machines supplied and on the insistence of the KSFC, when the receipts and other documents furnished by the accused persons were shown to them, it came to light that the said documents are fake. When insisted upon the complainant and the owners of Kusum Packaging Industries, accused Nos.1 and 2 appeared before the KSIC officials and gave in writing that, they would return the money taken from Kusum Packaging - 7 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR Industries. However, when they failed to keep up with their promise, complaint is filed. 9. Admittedly, accused No.2 is the Proprietor of Multi Impex Company and accused No.2 is the Proprietor of Exoterior Enterprises. Accused No.1, being the son and husband of accused Nos.1 and 3 offered to get the machines through them for a concessional price and got the money transferred to the account of accused No.2. Amount cheated runs into Crores. Even though accused No.2 is contending that he has nothing to do with the accused No.1, these aspects are required to be investigated and the participation of accused Nos.1 and 3 is required to be ascertained. The allegations made are very grave. Hence, question of quashing the proceedings against petitioner not arise. 10. In the result, the petition fails and accordingly the following: - 8 - NC: 2025:KHC:24553 CRL.P No. 12074 of 2023 HC-KAR
Decision
ORDER (i) Petition filed by the petitioner/accused No.2 under Section 482 Cr.P.C is rejected. (ii) The Registry is directed to send a copy of this order to the trial Court through e-mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 42