Karnataka High Court
Venkatesh K vs State Of Karnataka on 3 July, 2024
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2024:KHC:25154
CRL.P No. 6432 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO. 6432 OF 2017 (482)
BETWEEN:
1. VENKATESH K.
S/O. KEMPANNA,
AGED ABOUT 43 YEARS,
RESIDING AT NO.27/2,
NANJAPPA LAYOUT,
JARAGANAHALLI,
J.P NAGAR 6TH PHASE,
BANGALORE - 560 078.
...PETITIONER
(BY SRI. PUNITH. C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY HALASURGATE POLICE STATION
N.R SQUARE,BANGALORE - 560 002.
Digitally REPRESENTED BY PUBLIC PROSECUTOR
signed by HIGH COURT BUILDING,
KIRAN
KUMAR R BANGALORE- 01.
Location:
HIGH 2. DHANALAKSHMI
COURT OF
KARNATAKA W/O SADASHIVACHAR,
AGE NOT KNOWN
RESIDING AT NO.439,
BHUVANESHWARI NAGAR,
SUBRAMANYAPURA POST,
UTTARAHALLI,BANGALORE-560 061.
...RESPONDENTS
(BY SMT. RASHMI PATEL., HCGP FOR R1,
SRI. V. MAHESHA., ADVOCATE FOR
SRI. A HANUMANTHAPPA., ADVOCATE FOR R2)
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NC: 2024:KHC:25154
CRL.P No. 6432 of 2017
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO QUASH THE
PROCEEDINGS IN C.C.NO.14687/2017, ON THE FILE OF THE I
ACMM, BANGALORE WHEREIN RESPONDENT POLICE HAVE
SUBMITTED CHARGE SHEET AGAINST THE PETITIONER AND
OTHERS FOR OFFENCES PUNISHABLE UNDER SECTIONS 506,
504, 355, 323, 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. The second respondent - complainant had lodged a complaint on 23.07.2016 contending that the complainant had entrusted a motor vehicle case to the petitioner and an award was also passed in her favour, but despite the award, the petitioner did not take any steps to ensure that the cheque was received.
2. It was alleged that the complainant and her husband themselves had enquired with the Registry and were informed that the cheque was ready, after which they thereafter approached the counsel on 14.07.2016 and the cheque was handed over to them and they stated that they were informed by the petitioner that the cheque issued by the Registry would be honoured since it is a -3- NC: 2024:KHC:25154 CRL.P No. 6432 of 2017 Government cheque, but subsequently, the cheque was returned on the ground that its validity had expired. The Complainant, thereafter, stated that they were unable to trace the petitioner and she had to approach the Registrar for extension of the validity of the cheque and after the cheque was revalidated, she met the petitioner - counsel and expressed her displeasure, to which the petitioner got annoyed and snatched away the cheque from her and he also proceeded to assault the complainant and her husband. On the basis of said complaint, a crime was registered against the petitioner and subsequently, a chargesheet has also been laid against the petitioner. Being aggrieved by this, the present petition is filed.
3. A reading of the complaint as well as the chargesheet would indicate that the complainant did receive the cheque from the Registry and presented the same for encashment. It is also forthcoming from the complaint as well as the chargesheet that the cheque was renewed and was in the custody of the complainant herself. It is, -4- NC: 2024:KHC:25154 CRL.P No. 6432 of 2017 therefore, clear that the complainant was in receipt of the amount that had been awarded in her favour in a motor vehicle case. If the complainant was already in possession of the cheque, the allegation that the petitioner abused her and assaulted her cannot be accepted, moreso when there would be no occasion for the petitioner and the complainant to have any kind of relationship. Having regard to the entirety of the matter, in my view, there is no justifiable ground to continue the proceedings against the petitioner. The proceedings are, therefore, quashed and this petition is, accordingly, allowed.
Sd/-
JUDGE HNM List No.: 1 Sl No.: 17