Karnataka High Court
Sri.Jagadip Chanda vs The State Of Karnataka on 30 July, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.1667/2011
Between:
1. Sri. Jagadip Chanda
S/o. Nehru,
Aged about 38 years,
R/at No.3/1, 6th Main,
Hosakerehalli,
BSK, 3rd Stage,
Bangalore - 560085
2. Smt. Poornima.K.C
W/o. Prabhakara.K.N,
Aged about 37 years,
R/at No.18, 10th Main,
Hosakerehalli Extension,
BSK 3rd Stage,
Bangalore - 560085
3. Smt. Mythri Devi
W/o. Jagadish Chanda
Aged about 32 years,
R/at No.3/1, 6th Main,
Hosakerehalli,
BSK 3rd Stage,
Bangalore - 560085
...Petitioners
(By Sri.Siddharth.B.Muchandi, Advocate)
2
And:
1. The State of Karnataka
By the Central Police Station
Bangalore City
Bangalore - 560001
2. Smt.Shobha R Agadi
W/o. Rajkumar M Agadi,
Aged about 53 years,
Proprietrix,
Shobha Agencies,
No.14, Madhu Complex,
Roshan Baugh Road,
V.V.Puram,
Bangalore - 560004
...Respondents
(Sri.S.Rachaiah, HCGP for R1;
Sri.K.R.Ashok Kumar, Advocate for R2 - absent)
This Criminal petition is filed under Section 482 of
Cr.P.C praying to quash the entire proceedings in
Cr.No.174/2010 of Central Police Station, Bangalore for the
offences punishable under Sections 406,415,418 and 420 of
I.P.C. and etc.,
This petition coming on for Final Hearing, this day, the
court made the following:
ORDER
The petitioners have sought to quash the FIR registered against them in Crime No.174/2010 of Central Police Station, Bengaluru for the Offences punishable under Sections 406, 415, 418 and 420 of I.P.C.
32. Heard the learned Counsel for the petitioners, learned HCGP for respondent No.1. Counsel for respondent No.2 is absent.
3. It is noticed that the second respondent herein initiated criminal action against the petitioners alleging that five cheques, issued by the petitioners herein against repayment of Rs.10,80,397/- came to be dishonored. Based on the said complaint, case in Crime No.174/2010 has been registered against the petitioners under Sections 406, 415, 418, 420 of I.P.C.
4. Learned Counsel for the petitioners submit that, on the same cause of action, respondent No.2 has initiated action against the petitioners under Section 138 of Negotiable Instruments Act, 1881 ('NI Act' for short). Even though the petitioners herein came to be convicted for the said offences by orders of the learned Magistrate in C.C.No.2423/2010, the said order of the conviction has been set aside by the Additional Sessions Judge, FTC - 10, Bengaluru in Crl.A.No.777/2012 and Crl.A.No.60/2013 and the petitioners herein have been acquitted of the above charges.
5. Further, the learned Counsel has made available the copy of the orders passed by this Court in W.P.Nos.14411-14412/2016 (GM CPC) dated 24.03.2016, 4 which discloses that the parties herein have arrived at a compromise among themselves. In terms of the said compromise, respondent No.2 has conceded to quash the Criminal proceedings in Crime No.174/2010 of Central Police Station, Bengaluru by filing an affidavit before this Court.
6. Respondent No.2 has not taken any action as per the said compromise and has not filed an affidavit as undertaken before this Court in the aforesaid writ petition Nos.14411-14412/2012.
7. Nonetheless, a reading of the complaint discloses that the grievance of the petitioners is confined to the dishonour of the said cheques. But the Criminal Court has already acquitted all the petitioners of the said charges. Therefore continuation of the proceedings against the petitioners in respect of the dishonour of the very same cheques would be nothing but an abuse of the process of the Court. Hence the petition deserves to be allowed.
8. Accordingly, the petition is hereby allowed. FIR registered in Crime No.174/2010 is quashed.
Sd/-
JUDGE ds/kps