M/S. Target Corporation India Private vs The State Of Karnataka on 5 December, 2018

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Karnataka High Court

M/S. Target Corporation India Private vs The State Of Karnataka on 5 December, 2018

Bench: P.S.Dinesh Kumar

                          1

                                    CRL.P.NO.2334/2014

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 05TH DAY OF DECEMBER 2018

                       BEFORE

     THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR


        CRIMINAL PETITION NO.2334 OF 2014

BETWEEN:

1.    M/S. TARGET CORPORATION INDIA PRIVATE
      LIMITED
      A COMPANY INCORPORATED UNDER
      THE PROVISION OF COMPANIES
      ACT, 1956
      HAVING ITS OFFICE AT
      ROBERT J ULRICH CENTER
      EMBASSY GOLF LINKS BUSINESS
      PARK, OFF INTERMEDIATE RING
      ROAD, DOMLUR
      BENGLURU - 560 071.
      REPRESENTED BY ITS GPA HOLDER
      MR NAVNEET KAPOOR

2.    SRI NAVNEET KAPOOR
      PRESIDENT AND MANAGING DIRECTOR
      TARGET CORPORATION INDIA
      PRIVATE LIMITED
      ROBERT J ULRICH CENTER
      EMBASSY GOLF LINKS BUSINESS
      PARK, OFF INTERMEDIATE RING
      ROAD, DOMLUR, BENGALURU-560071

3.    MS ANDI MARSTON
      DIRECTOR, HUMAN RESOURCES
      TARGET CORPORATION INDIA
      PRIVATE LIMITED
      ROBERT J ULRICH CENTER
      EMBASSY GOLF LINKS BUSINESS
      PARK, OFF INTERMEDIATE RING
      ROAD, DOMLUR
                            2

                                   CRL.P.NO.2334/2014

     BENGALURU - 560071.

4.   MS CHRISTINA D SOUZA
     HUMAN RESOURCE (RECRUITER)
     TARGET CORPORATION INDIA
     PRIVATE LIMITED
     C2, GREGG W STEINHAFEL CENTRE
     MANYATA EMBASSY BUSINESS PARK
     RANCHENAHALLI, NAGAWARA VILLAGE,
     OUTER RING ROAD
     BENGALURU - 560045.

5.   SRI ANJAN MUKERJEE
     GROUP MANAGER,
     GLOBAL OPERATIONS
     TARGET CORPORATION INDIA
     PRIVATE LIMITED
     ROBERT J ULRICH CENTER
     EMBASSY GOLF LINKS BUSINESS
     PARK, OFF INTERMEDIATE RING
     ROAD, DOMLUR, BENGALURU - 560071.

6.   SRI NISHANT KUMAR SINHA
     HUMAN RESOURCE (RECRUITER)
     TARGET CORPORATION INDIA
     PRIVATE LIMITED
     C2, GREGG W STEINHAFEL CENTRE
     MANYATA EMBASSY BUSINESS PARK
     RANCHENAHALLI, NAGAWARA VILLAGE
     OUTER RING ROAD
     BENGALURU - 560045.

7.   SRI SAROSHF GANDHI
     FLAT NO. A2 403
     SHREE PRAKRITI APTS
     THINDLU GATE ROAD, 211
     KODIGEHALLI
     VIDYARANYAPURA POST
     BENGALURU - 560097.                 ... PETITIONERS

(BY SRI. PRAVEEN KUMAR HIREMATH, ADV. FOR
    SMT.NALINA MAYEGOWDA, ADV.)
                              3

                                         CRL.P.NO.2334/2014

AND:

1.     THE STATE OF KARNATAKA
       BY SAMPIGEHALLI POLICE STATION

2.     SRI GUHAN CHANDRASHEKARAN
       S/O SRI CHANDRASEKARAN
       AGED ABOUT 32 YEARS
       RESIDING AT FLAT NO. 111
       BLOCK 2 "A" WING, SHILPITHA
       SPLENDOUR
       # 151, CHINAPPA LAOUT
       MAHADEVAPURA
       BENGALURU - 48.                    ... RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP. FOR R1;
    SRI. T.A.CHANDRASEKHAR, ADV. FOR R2)

      THIS CRIMINAL PETITION FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL
PROCEEDINGS IN P.C.R.NO.5309/2014 PENDING ON THE FILE
OF THE HON'BLE CHIEF METROPOLITAN MAGISTRATE AT
BENGALURU AND ITS CONSEQUENT REGISTRATION OF FIRST
INFORMATION    REPORT    IN   CRIME   NO.  64/2014   BY
SAMPIGEHALLI POLICE STATION AND ITS CONSEQUENT
INVESTIGATION.

      THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

Second respondent filed a private complaint contending inter-alia that the first petitioner - company had made a job offer to him on 27.06.2013, for the post of Project Leader. The petitioner's company did not appoint him and thereby, committed offences under sections 418, 420 and 425 of IPC.

CRL.P.NO.2334/2014

2. The learned Magistrate has referred the matter to the police under Section 156(3) of Cr.P.C. Accordingly, FIR No.64/2014 was registered in Sampigehalli Police Station on 07.04.2014.

3. Heard Shri Praveen Kumar, learned advocate for the petitioners, Shri S. Rachaiah, learned HCGP for respondent No.1 - State and Shri T.A.Chandrasekhar, learned advocate for respondent No.2 and perused the records.

4. Learned counsel for the petitioners submits that this is a case in which the employer had made an offer and issued an offer letter but subsequently, second respondent was not appointed due to change in business strategy. Therefore, there is no offence committed by the petitioners in not appointing the second respondent.

5. Learned advocate for the second respondent submits that as the petitioner No.1 - company did not fulfill its promise by appointing the second respondent, he has undergone financial loss. He resigned from the job where he was working at the material point of time in the 5 CRL.P.NO.2334/2014 fond hope of getting the job with the petitioner No.1 - company. The petitioners have thus committed the alleged offences and therefore, liable for criminal prosecution.

6. Undisputable facts are, the petitioner No.1 - company offered a job but did not appoint second respondent in its company. The reason given by the petitioner No.1 - company that the offer did not fructify into appointment of second respondent as project leader due to change in business strategy of the company. It is settled principle in service law jurisprudence that unless the person is appointed in the company, he cannot claim any relief.

7. In the circumstances, continuation of these proceedings is mere abuse of process of law and therefore, the petition merits consideration. Petition is accordingly allowed and the criminal proceedings in P.C.R.No.5309/2014 pending on the file of the Chief Metropolitan Magistrate, Bengaluru, are quashed. 6 CRL.P.NO.2334/2014

In view of disposal of petition, I.A.Nos.1/2016 and 1/2018 do not survive for consideration and the same are disposed of.

No costs.

Sd/-

JUDGE nvj

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