Karnataka High Court
L And T Finance Limited vs State Of Karnataka on 21 January, 2025
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NC: 2025:KHC:2547
WP No. 951 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
WRIT PETITION NO. 951 OF 2022 (GM-RES)
BETWEEN:
L & T FINANCE LIMITED
NO.92, ZED SQUARE, JNC ROAD,
5TH BLOCK, KORAMANGALA,
BENGALURU - 560 095,
REPRESENTED BY ITS
LEGAL MANAGER MR. FAYAZ AHAMED.
...PETITIONER
(BY SRI. VASUDEVAN H.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
AUDUGODI POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally signed
by SWAPNA V DR. B.R. AMBEDKAR VEEDHI,
Location: high BENGALURU - 560 001
court of
karnataka
2. MS. POOJA S.,
D/O. SHIVA V.,
AGED ABOUT 25 YEARS,
R/AT 5/3, 15TH CROSS,
2ND FLOOR, AMBIKA NILAYA,
LAKKASANDRA, ADUGODI,
BENGALURU - 560 030
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. SHIVAMURTHY A.R., ADVOCATE FOR R2 (ABSENT))
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NC: 2025:KHC:2547
WP No. 951 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE 1908, PRAYING TO CALL
FOR RECORDS QUASH THE FIR REGISTERED NO.0191/2021
REGISTERED BY THE R1 PENDING BEFORE THE HONBLE VITH
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
AS PER THE IMPUGNED FIR AT ANNEXURE-A FOR ALLEGED
OFFENCE PUNISHABLE U/S 504, 507 AND 509 OF THE IPC AND
ETC.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
The petitioner/accused No.2 being the Branch Manager of L & T Finance Services Limited, Bengaluru in Cr.No.191/2021 of Adugodi Police Station registered for the offences punishable under Sections 504, 507 and 509 of IPC is seeking to quash the criminal proceedings initiated against him.
2. The brief facts of the case are that, respondent No.2/complainant has filed the first information with -3- NC: 2025:KHC:2547 WP No. 951 of 2022 Adugodi Police Station against accused Nos.1 and 2 alleging commission of offence punishable under Sections 504, 507 and 509 of IPC. It is the allegation made by respondent No.2 that he had borrowed loan from L & T Finance Services Limited, Bengaluru and since he could not repay the loan amount, he started receiving calls from the mobile phone of accused No.1. He used to abuse respondent No.2 in filthy language and also criminally intimidated to take away her life. It is stated that accused No.1 committed the offence at the instance of accused No.2 and therefore, she requested the Police to register the case against both the accused for the aforesaid offences and to initiate legal action. Accordingly, the Police registered the case and took up investigation. In the meantime, the petitioner, being the Manager of L & T Finance Services Limited, Bengaluru, approached this Court, got the interim order of stay and therefore, it is stated that no investigation was undertaken by the Police. -4-
NC: 2025:KHC:2547 WP No. 951 of 2022
3. Heard Shri Vasudevan.H.N., learned counsel for the petitioner and Smt.Rashmi Patel, learned HCGP for Respondent No.1. Learned counsel for Respondent No.2 is absent. There is no representation on his behalf. Learned counsel for Respondent No.2 has not addressed his arguments inspite of providing sufficient opportunities. Hence, his arguments are taken as 'nil'. Perused the materials on record.
5. In view of the rival contentions urged by the learned counsel for both the 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 it?"
My answer to the above point is in 'Affirmative' for the following:
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NC: 2025:KHC:2547 WP No. 951 of 2022 REASONS
6. Respondent No.2-informant has informed, filed the first information alleging that she was receiving threatening calls from accused No.1 for not having repaid the loan amount that was availed from accused No.2. It is specifically alleged that accused No.1 used to abuse the informant in filthy language and criminally intimidated her over phone to take away her life. The only allegation made against the present petitioner is that accused No.1 has committed the offence at the instance of accused No.2. Apart from that, there are absolutely no allegations against the petitioner, which is a finance company said to have lent amount to respondent No.2. Admittedly, the petitioner was due to repay the loan amount and she is a defaulter. On going through the first information, very serious allegations are made against accused No.1 by referring to the abusive language used by accused No.1. Except stating that accused No.1 has committed the offence at the instance of the present petitioner, there are -6- NC: 2025:KHC:2547 WP No. 951 of 2022 no other allegations against him, which constitute the offences under Sections 504, 507 and 509 of IPC. It is not the contention of respondent No.2 that the petitioner had committed any offence either personally or otherwise. Under such circumstances, initiation of criminal proceedings against the Branch Manager of the petitioner Finance Company is nothing but abuse of process of law and hence, the petitioner is entitled for the relief claimed. Hence, I answer the above point in the 'affirmative' and pass the following:
ORDER
i) The criminal petition is allowed.
ii) The proceedings in Crime No.0191 of 2021 pending before the VI Additional Chief Metropolitan Magistrate, Bengaluru as against petitioner/accused No.2 is hereby quashed.
Sd/-
(M G UMA) JUDGE DH, NR, List No.: 1 Sl No.: 21