Karnataka High Court
S Sridhar vs State Of Karnataka on 20 March, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:12004
CRL.P No. 2420 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO. 2420 OF 2017
BETWEEN:
1. S. SRIDHAR,
S/O LATE K. SOMASHEKAR,
AGED ABOUT 38 YEARS,
OCC: BUSINESS,
994/A, 4TH CROSS,
BANASHANKARI 1ST STAGE,
ASHOKNAGAR, BANGALORE - 560 050.
2. RAMESH SOMASHEKAR,
94/A, 4TH CROSS,
BANASHANKARI 1ST STAGE,
BANGALORE - 560 050.
3. SREENIVASA GARUDANAHALLI THIMMAPPAGOWDA
S/O THIMMEGOWDA,
AGED ABOUT 54 YEARS,
Digitally signed
by 1102/25, 8TH CROSS,
NARAYANAPPA 9TH MAIN ROAD, ASHOK NAGAR,
LAKSHMAMMA
Location: HIGH BANASHANKARI 1ST STAGE,
COURT OF BANGALORE - 560 050.
KARNATAKA
4. ABHILASH GARUDANHALLI SRINIVAS,
S/O SREENIVASA GARUDANAHALLI THIMMAPPAGOWDA,
AGED ABOUT 22 YEARS,
1102/25, 8TH CROSS,
9TH MAIN ROAD, ASHOK NAGAR,
BANASHANKARI 1ST STAGE,
BANGALORE - 560 050.
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CRL.P No. 2420 of 2017
5. GARUDANAHALLI MUKUNDA CHETHAN KUMAR,
AGED ABOUT 21 YEARS,
S/O SREENIVASA GARUDANAHALLI THIMMAPPAGOWDA,
AGED ABOUT 21 YEARS,
1102/25, 8TH CROSS,
9TH MAIN ROAD, ASHOK NAGAR,
BANASHANKARI 1ST STAGE,
BANGALORE - 560 050.
...PETITIONERS
(BY SRI. C.H. JADHAV, SENIOR COUNSEL;
SRI. ASIM MALIK, ADVOCATE AND
SRI. CHETHAN JADHAV, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY JIGANI POLICE STATION,
BENGALURU DISTRICT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. SMT. M. JAGADAMBA,
W/O SHRI. R. RAJU,
NO.12/1, FLR-02, BUILDING,
SURVEYOR STREET, BASAVANAGUDI,
BANGALORE - 560 004.
...RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. GANGA BAI V, ADVOCATE FOR
SRI. S. VIVEKANANDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH
THE FIR AGAINST THE PETR. IN CR.NO.189/2016 BEFORE THE
JIGANI P.S., AT BANGALORE, BEFORE THE ADDL. CIVIL JUDGE
(Jr.Dn) AND JMFC COURT, ANEKAL, BANGALORE FOR THE OFFENCES
P/U/S 406, 420, 468, 465, 471, 420 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 2420 of 2017
ORDER
1. The petitioner are before this Court seeking for the following reliefs:
(a) Call for the relevant records;
(b) Allow this Criminal Petition by quashing the First Information Report against the Petitioner in Crime No. 189/2016, before Jigani Police Station, at Bangalore, Add civil Judge (JR.DN) & JMFC Court, Anekal, Bengaluru for the offences punishable under Sections 406, 420, 468, 465, 471, 420 r/w 34 of I.P.C.,
(c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.
2. Respondent No.2 has lodged a first information on 26.10.2016 with the Jigani Police Station which came to be registered in Crime No.189/2016 alleging that the petitioners had committed the offences punishable under Sections 406, 420, 468, 465, 471, 420 read with Section 34 of IPC. Challenging the same, the petitioners are before this Court.
3. The essential allegation made in the first information complaint is that respondent No.2 was appointed as a Director of M/s. Vinyas Construction Private Limited on 01.02.2014 and allotted several shares. Subsequent thereto, on 10.11.2014 and 12.03.2015 as also on -4- NC: 2024:KHC:12004 CRL.P No. 2420 of 2017 06.01.2016, shares have been allotted to certain other persons who have been inducted as Directors. The petitioner and her husband have been removed from Directorship without notice by backdated documents and on this ground, it is contended that the aforesaid offences have been committed.
4. Insofar as the removal of respondent No.2 from the Directorship in another Crl.P.No.3098/2017 which has been filed by the husband of respondent No.2, the allegations, counter allegations have been dealt with by me, which would equally apply to the present case. The only different contention alleged in the present complaint is that DIR-12 has been backdated and filed. The filing of DIR-12 is now electronic in nature and such filing is to be made digitally on the website of the Ministry of Company affairs where the parties of the Registrar of Companies is totally situated. The filing, being electronic in nature is also time and date stipulates, which is what was indicated in the said DIR-12 has been filed.
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5. Thus, it cannot be contended that there is a backdated filing of DIR-12 which is electronically filed and as such, I am unable to accept the contention. For the reasons stated in today's order dated 20.03.2024 in Crl.P.No.3098/2017 as also for the aforesaid reasons, I pass the following:
::ORDER::
i) The petition is allowed.
ii) The First Information Report in Crime
No.189/2016 registered before the Jignai Police Station now pending before the Additional Civil Judge (Jr. Dvn.) JMFC Court, Anekal, Bengaluru registered for the offences punishable under Sections 406, 420, 468, 471, 420 read with Section 34 of IPC, is here by quashed.
Sd/-
JUDGE GJM List No.: 1 Sl No.: 1 CT: BHK