Karnataka High Court
K.Prithvirajkumar vs Md. Ibrahim@Md. Feeroz Ahamed & Anr on 5 March, 2018
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 5TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION No.201155/2017
Between:
K. Prithvirajkumar S/o Kandaswamy
Age: 35 years, Occ: Business
R/o Prop A-1 Super rig Spare Parts
Shop No.123/12. New work Shop Line
No.3 Sankari Road, Seetaram Palyam
Namakkal, Dist. Tirchungudi - 637209
State: Tamilnadu
... Petitioner
(By Sri Ashok Mulage, Advocate)
And:
1. Md. Ibrahim @ Md. Feeroz Ahmed
S/o Md. Ismail
Age: 45 years, Occ: Business
R/o National Engineering Works
Shop No.5-784, Buland Parvaz Colony
Near Mohamed Rafi Chowk
Ring Road, Kalaburagi - 585 104
2. The State through
Grameen Police Station
Kalaburagi, Represented by
Additional State
Public Prosecutor
High Court
Kalaburagi Bench - 585 101
... Respondents
(By Sri Maqbool Ahmed, HCGP for R2)
2
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to allow the petition and set aside the order
dated 22.06.2017 passed by V-Additional JMFC, Kalaburagi,
in C.C.No.3725/2017 (P.C.No.461/2011) and quash the
proceedings pending against the petitioner in
C.C.No.3725/2017 (P.C. No.461/2011) on the file of V-
Additional JMFC, Kalaburagi.
This petition is coming on for Admission this day, the
Court made the following:-
ORDER
The accused in C.C.No.3725/2017 on the file of V- Additional JMFC, Kalaburagi, has come up in this petition seeking quashing of the same.
2. Admittedly, proceedings in C.C.No.3725/2017 is continuation of private complaint in P.C.No.461/2011 on the file of VI-Additional JMFC, Gulbarga, against the petitioner and his wife for the offences punishable under Sections 420, 406, 468, 471 of IPC. The learned JMFC directed the police viz., Grameena Police Station of Gulbarga to investigate into the matter and file their 3 report. It appears, the said police have filed 'B' report which was under challenge by the complainant wherein the learned Magistrate accepted the protest raised by the complainant and directed registration of criminal case against the accused/petitioner alone in C.C.No.3725/2017 for the offence punishable under Section 420 of IPC.
3. Being aggrieved by the same, the petitioner has approached this Court on the premise that the complaint is offshoot of financial transaction between himself and the complainant where he had issued a cheque for payment and dishonoring of the cheque issued for payment of financial transaction has resulted in another proceedings between the first respondent- complainant and the accused/petitioner herein pending consideration in C.C.Nos.709/2011 and 710/2011 on the file of IV-Additional JMFC, Kalaburagi. It is also contended that the said criminal cases are held against 4 the petitioner herein. In that behalf, he has filed two appeals before the Sessions Court where he is pursuing the same. His grievance is that the complaint which is now registered in C.C.No.3725/2017 is on the same set of accusation made against him in the earlier proceedings therefore, registration of this case would amount to double jeopardy and therefore, the same is required to be quashed. However, this Court is of the opinion that this Court cannot take any view with reference to double jeopardy without looking into the merits of other case. Therefore, filing of a petition seeking quashing of the complaint registered in C.C.No.3725/2017 does not arise for consideration before this Court. Hence, the same is required to be dismissed.
4. However, while dismissing this petition, it is observed that the petitioner herein may approach the learned Magistrate for discharge by raising similar 5 grounds and if he is able to demonstrate that he is subjected to double jeopardy, it is open for the learned Magistrate to appreciate the same and pass appropriate order on the application filed by him in C.C.No.3725/2017.
Reserving such liberty to him, this criminal petition is disposed of.
Sd/-
JUDGE NB* Ct: RRJ