Karnataka High Court
Shri Manjunath Urban Co-Op Credit ... vs Sri Shivlingappa S/O Parappa ... on 18 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 101518 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 101518 OF 2022
BETWEEN:
1. SHRI MANJUNATH URBAN CO-OP CREDIT SOCIETY LTD
NEAR CHAWADI AT.POST TERDAL,
AT POST TERDAL-587315
REPRESENTED BY ITS MANAGER,
SHRI SHRIDHAR S/O MAHADEV SHIVAPUJI,
AGE. 32 YEARS OCC. SERVICE,
R/O. NEAR GOVERNMENT CHAVADI
AT AND POST TERDAL-587315
TAL. RABKAVI-BANAHATTI,
DIST. BAGALKOT
2. SRI SHRIDHAR S/O MAHADEVAPPA SHIVAPUJI
AGE. 36 YEARS, OCC. SERVICE IN
SHRI MANJUNATH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL RABKAVI -BANAHATTI,
DIST. BAGALKOT
3. SRI BASAPPA S/O SANGAPPA HADPAD
AGE. 44 YEARS,
OCC. BUSINESS AND AGRICULTURE,
AND SERVICE IN NO.1 SOCIETY,
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
4. SRI ANAND S/O SHANKRAPPA UPPIN
AGE. 43 YEARS, OCC. SERVICE IN
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
-2-
CRL.P No. 101518 of 2022
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
5. SRI VENKATESH S/O VITTHAL PUJARI
AGE. 43 YEARS,
OCC. BUSINESS AND AGRICULTURE
MEMBER OF BOARD OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT
SOCIETY LTD, NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
6. SRI MOHAN S/O VITTHAL PATTAR
AGE. 43 YEARS,
OCC. BUSINESS AND AGRICULTURE
MEMBER OF BOARD OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT
SOCIETY LTD, NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
7. SRI PARAPPA S/O MAHALINGAPPA KUMBAR
AGE. 52 YEARS,
OCC. BUSINESS AND AGRICULTURE MEMBER OF BOARD
OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
8. BASANGOUDA BASADVARAJ S/O SHIVANGOUDA
KALBURGI
AGE. 41 YEARS,
OCC. BUSINESS AND AGRICULTURE MEMBER OF BOARD
OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
9. SMT NEELAWWA W/O PARAPPA KALLOLLI
AGE. 44 YEARS,
OCC. HOUSEHOLD
-3-
CRL.P No. 101518 of 2022
MEMBER OF BOARD OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
10. SRI GANAPATI S/O LAXMAN GADIWADDAR
AGE. 43 YEARS,
OCC. BUSINESS AND AGRICULTURE MEMBER OF BOARD
OF DIRECTORS
SHRI MANJUNAJTH URBAN CO-OP CREDIT SOCIETY LTD,
NEAR GOVERNMENT CHAVADI,
AT POST TERDAL-587315
TAL . RABAKAVI-BANAHATTI,
DIST. BAGALKOT
...PETITIONERS
(BY SMT. NAGARATHNA S PATTAR, ADVOCATE)
AND:
1. SRI SHIVLINGAPPA
S/O PARAPPA MUDAKKANAVAR
AGE. 71 YEARS, OCC. AGRICULTURE,
R/O.AT. POST. TERDAL-587315
TAL. RABKAVI-BANAHATTI,
DIST. BAGALKOT
2. THE STATE OF KARNATAKA
THROUGH RABAKAVI -BANAHATTI POLICE
R/B STATE PUBLIC PROSECUTOR,
HIGH COURT OF BENCH DHARWAD
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO THAT BY ALLOWING THIS PETITION THE PROCEEDINGS
INITIATED AGAINST THE PETITIONERS/ACCUSED NO.1 TO 8, 11
AND 12 MAY BE QUASHED IN PC NO.70/2019 RENUMBERED AFTER
TRANSFER AS P.C.NO. 14/2020 PENDING ON THE FILE OF SENIOR
CIVIL JUDGE AND JMFC, BANAHATTI, FOR THE OFFENCES
PUNISHABLE U/S 403, 409, 406, 417, 418, 420, 464, 465, 468, 477-
A R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
-4-
CRL.P No. 101518 of 2022
ORDER
The learned High Court Government Pleader accepts notice for respondent No.2.
2. This petition is fled challenging the proceedings in P.C. No.14/2020 pending on the file of the Senor Civil Judge & JMFC, Banahatti for the offences punishable under Sections 403, 409, 406, 417, 418, 420, 464, 465, 468, 477A read with Section 149 of the Indian Penal Code, 1860.
3. The learned counsel appearing for the petitioners submits that the offences alleged against the petitioner accused are cognizable offences and the complainant having not complied with Section 154(1) and 154(3) of the Code of Criminal Procedure, the complaint is not maintainable and that the complainant has remained absent consistently, and the learned Magistrate has not taken any steps to dismiss the complaint. She further submits that taking advantage of the pendency of the complaint, respondent No.2 is stalling the auction of the property which has been mortgaged with the Society towards security for repayment of loan. -5- CRL.P No. 101518 of 2022
4. I have examined the submissions made by the learned counsel for the parties.
5. A perusal of order sheet indicates that the learned Magistrate has not passed an order for taking cognizance of the offences alleged, and as such the present petition is not maintainable. However, the learned Magistrate is requested to pass an appropriate order on the private complaint since the complaint is filed without complying with Sections 154(1) and (3) of Cr.P.C. and also that the complainant has not shown any diligence in prosecuting the case. With this observation, the petition stands disposed of.
Sd/-
JUDGE KMS List No.: 1 Sl No.: 12