Karnataka High Court
Shri. Laxminarayan S/O. Rajaram Boina vs The State Of Karnataka on 13 July, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:7178
CRL.P No. 101074 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101074 OF 2018
BETWEEN:
1. SHRI. LAXMINARAYAN S/O. RAJARAMBOINA,
AGE: 39 YEARS, OCC: DIRECTOR OF SREE
BHAGYALAXMI COAL AND MINERALS TRADING
PVT LTD., R/O: 7-24/12, KOLA VOORU,
AT POST: PEDDALLI, DIST: KARIM NAGAR,
ANDHRA PRADESH,
NOW RESIDING AT POLICE LANE,
OPP. DCP OFFICE, AMBERPET, HYDERABAD,
TELANGANA STATE.
2. SMT. BHAGYALAXMI W/O. LAXMINAYRAYANBOINA,
AGE: 38 YEARS, OCC: DIRECTOR OF SREE
BHAGYALAXMI COAL AND MINERALS TRADING
PVT LTD., R/O: 7-24/12, KOLA VOORU,
CHANDRASHEKAR
LAXMAN AT POST: PEDDALLI, DIST: KARIM NAGAR,
KATTIMANI ANDHRA PRADESH,
NOW RESIDING AT POLICE LANE,
OPP. DCP OFFICE, AMBERPET, HYDERABAD,
Digitally signed by TELANGANA STATE.
CHANDRASHEKAR
LAXMAN ...PETITIONERS
KATTIMANI (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE)
Date: 2023.07.26
10:58:12 -0700
AND:
1. THE STATE OF KARNATAKA,
THROUGH BAGALKOT TOWN POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH,
DHARWAD.
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NC: 2023:KHC-D:7178
CRL.P No. 101074 of 2018
2. BAGALKOT CEMENT AND INDUSTRIES LTD.,
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956,
HAVING ITS OFFICE AT BAGALKOT,
TQ AND DIST: BAGALKOT -578 111,
REPRESENTED BY ITS MANAGER- LEGAL,
SHRI A.R. NIDASHESHI.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. S.B. HEBBALLI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
CRIME NO.3/2017 OF THE BAGALKOT TOWN POLICE STATION
ARISING OUT OF PCR NO. 6/2016 ON THE FILE OF THE PRL.
SENIOR CIVIL JUDGE AND CJM, BAGALKOT AGAINST THE
PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 406, 420, 120-B READ WITH SECTION 34 OF IPC,
1860 IN SO FAR AS THE PETIITONER ARE CONCERNED AND
IMPOSE EXEMPLARY COSTS ON RESPONDENT NO.2 FOR
FILING FALSE AND BASELESS COMPLAINT AGAINST THE
PETITIONERS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Shivraj S. Balloli, learned counsel for the petitioners, Smt.Girija S.Hiremath, learned HCGP for resp ondent No.1 and Sri S.B.Hebballi, learned cou nsel for respondent No.2. Per used the records.
2. The pres ent petition is filed under Section 482 of Cr.P.C. with the following prayer :- -3-
NC: 2023:KHC-D:7178 CRL.P No. 101074 of 2018 "To quash the entire proceedings in Crime No.3/2017 of the Bagalkot Town Polic e Sta tion arising out of PCR No.6/2016 on the file of the Prl. Senior Civil Judge and CJM, Bagalkot against the petitioners for the offences punishable under Sections 406, 420, 120-B read with Section 34 of IPC, 1860 in so far as the petitioners are con cerned and impose ex emplary costs on respondent no.2 for filing false and baseless complaint against the petitioner s."
3. The brief facts of the case are as under :-
A private complaint came to be filed by the 2 n d respondent on the file of Chief Judicial Magistrate, Bagalkot in P.C.No.6/2016. Learned Magistrate referred the matter to the police under Section 156(3) Cr.P.C. for investigation and report. Thereafter, the jurisdictional police registered the cas e in Crime No.3/2017 for the offences punishable under Sections 406, 420, 120B read with Section 34 of IPC against the petitioners herein. -4-
NC: 2023:KHC-D:7178 CRL.P No. 101074 of 2018 3.1 Gist of the complaint averments reveal that the 2 n d respondent placed the order for supply of coal to the petitioners herein and the same was agreed to be supplied and money was trans ferred by the 2 n d respondent to the petitioners. After receipt of the money, petitioners failed to supply the coal and as a result, a complaint came to be filed for cheating and taking action.
3.2 The polic e are investigating the matter. In the meantime, filing of the pri vate complaint and referring the same to the police is challenged by the petitioner s herein.
3.3 The matter was admitted for c onsiderati on.
4. Reiterating the grounds urged in the petition, Sri Shivraj S.Balloli, learned coun sel for the petitioner s vehemently contended that the coal is supplied, but the 2 n d responden t failed to accept the coal on the ground that it is inferior quality and there are documents available for the supply of the -5- NC: 2023:KHC-D:7178 CRL.P No. 101074 of 2018 coal and therefore, no ingredients to attract the wrongful gain on the part of the petitioners and there is no material to establish there is wrongful loss caused to the 2nd respondent resulting in commission of offence punishable under Section 420 IPC and sought for quashing of th e pending proceedings.
5. Per contra, Sri S.B.Hebballi, learned cou nsel representing the 2 n d respondent c ontended that there is no supply of coal at all and the documents have been concocted. A civil suit is already filed by the 2 n d respondent which ended in decree and the matter is n ow pending in execution and whereabouts of the petitioners are not forth coming. Ev en the coer cive steps that ha s been taken against the petitioners on the last known address at Hyderabad, are of no use as no whereabouts are for thcoming insofar as petitioners are concerned and therefore, sought for dismissal of the petiti on.-6-
NC: 2023:KHC-D:7178 CRL.P No. 101074 of 2018
6. Learned High Court Govern ment Pleader sub mits tha t since the matter is stayed, police c ould not investigate the matter further and sought for appropriate orders to be passed.
7. Taking note of the fact that there is a serious dispute as to the supply of the coal inasmuch as the petitioners submit that they have supplied the coal, but it was of a not r equired quality, but the 2 n d respondent has categorically denied the very supply of the c oal itself and the documents are conc octed, taking note of the limited jurisdiction of Section 482 Cr.P.C., this Court is of the consider ed opinion that the matter requires to be investigated by the police and appropriate report is to be filed.
8. It is always open for the petitioners to esta blish before the investigation agency that they have infact supplied the coal and in which event, police would definitely file appropriate report. -7-
NC: 2023:KHC-D:7178 CRL.P No. 101074 of 2018
9. Reserving such liberty for the petiti oners, this Court is of the considered opinion that the grounds urged in the petition are hardly su fficient to quash the very filing of the private complaint and referring the same to the police for investiga tion and report.
10. Hence, the following order is passed.
ORDE R The p etition is dismissed.
Sd/-
JUDGE CLK List No.: 2 Sl No.: 57