Karnataka High Court
Manjunath vs V/S State Of Karnataka on 9 November, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
CRIMINAL PETITION No.3682 OF 2019
BETWEEN:
MANJUNATH V.S.
S/O. SURESH V.
AGED 37 YEARS
KAVERI GRAMEENA BANK
OLD MANAGER, HANGALA BRANCH
HANGALA, GUNDLUPET TALUK
CHAMARAJANAGAR - 571 439
NOW WORKING ADDRESS
KAVERI GRAMEENA BANK
R/O. D.NO.3254, 7TH MAIN
2ND CROSS, "G" BLOCK, KANAKADAS NAGAR
MYSORE - 570 022.
... PETITIONER
(BY SRI VIKAS M., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY GUNDLUPETE POLICE STATION
REPRESENTED BY S.P.P.
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BBANGALORE - 560 001.
2. ASHWIN A.
S/O. ARUN
AGED 34 YEARS
R/O. KAVERI GRAMEENA BANK
2
MANAGER HANGALA BRANCH
HANGALA, GUNDLUPET TALUK
CHAMRAJNAGAR - 570 022.
... RESPONDENTS
(BY SRI K. RAHUL RAI, HCGP FOR R.1;
SRI B.H. SATISH, ADVOCATE FOR
SRI T.P. MUTHANNA, ADVOCATE FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME
NO.420/2018 REGISTERED BY GUNDLUPETE POLICE
STATION PENDING IN THE COURT OF PRINCIPAL CIVIL
JUDGE (Jr. Dn.) AND JMFC COURT, GUNDLUPET,
CHAMARAJANAGAR DISTRICT, INITIATED AS AGAINST THE
PETITIONER/ACCUSED NO.2 BASED ON THE COMPLAINT
FILED BY THE RESPONDENT NO.2 FOR OFFENCES
PUNISHABLE UNDER SECTIONS 408, 409, 468 AND 471
READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Aggrieved by the registration of FIR in Crime No.420/2018 by Gundlupet Police Station on the file of the Principal Civil Judge (Jr.Dn) & JMFC Court, Gundlupet, Chamarajnagar District, the petitioner herein who is arraigned as accused No.2 therein, has filed the instant petition.
2. The petitioner herein was a Manager in Kaveri Grameena Bank, Hangala Branch. One Sri.H.V.Basappa, a 3 customer of the Bank made a representation to the Bank stating that he has received a notice from the Bank to clear the loan, but he had already cleared the loan taken from the Bank and infact had got the release of the properties mortgaged. He further stated that he had paid the loan amount to the Manager of the Bank. A preliminary enquiry was conducted by the Bank and it was found on the face of it that there was misappropriation of funds and forgery of certain documents and hence, the Bank made a complaint to the Police regarding the same. Upon receipt of the complaint, the police suspecting the petitioner and two other persons have registered an FIR in Crime No.420/2018 wherein the accused are alleged of the offences under Sections 408, 409, 468, 471 read with Section 34 of IPC. The investigation is still under way. Whether the accused will be charged of the alleged offences or not, will be decided only upon investigation.
3. The instant case involves disputed question of fact. The charge sheet is yet to be filed. This Court in exercise of its power under Section 482 of Cr.P.C. cannot 4 decide as to the disputed question of facts. Whether the petitioner is involved in the commission of the offences as alleged in the FIR will be known after investigation is completed and charge sheet is filed. Under the circumstances, it is not appropriate to quash the proceedings against the petitioner.
4. For the aforementioned reasons, the petition is hereby dismissed.
In view of dismissal of the main petition, interlocutory applications, if any do not survive for consideration and the same are hereby disposed of.
SD/-
JUDGE VMB