Belgaum District Central Co-Operative ... vs Shankrayya S/O. Ishwaryya Hiremath on 17 July, 2013

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Karnataka High Court

Belgaum District Central Co-Operative ... vs Shankrayya S/O. Ishwaryya Hiremath on 17 July, 2013

Bench: N. Ananda

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           IN THE HIGH COURT OF KARNATAKA
               CIRCUIT BENCH AT DHARWAD
         DATED THIS THE 17TH DAY OF JULY 2013
                           BEFORE
          THE HON'BLE MR. JUSTICE N. ANANDA
            CRIMINAL PETITION No.10419/2013

BETWEEN:

BELGAUM DISTRICT CENTRAL
CO-OPERATIVE BANK LTD.,
NEAR CENTRAL BUS STAND,
OLD P.B. ROAD, BELGAUM
BY ITS GENERAL MANAGER
SHASHIKANT, S/O VEERAPPA HADIMANI
AGE: 59 YEARS                               ... PETITIONER

(By Sri.M.L.VANTI, ADV. FOR Sri.V.M.SHEELVANT, ADV.)

AND

SHANKRAYYA
S/O ISHWARAYYA HIREMATH
AGE: 56 YEARS,
OCC: AGRICULTURE AND SERVICE,
R/O. KABBUR,
TQ: CHIKKODI, DIST: BELGAUM.                ... RESPONDENT

(By Sri.V.S.TELI, ADV. FOR Sri.R G PATIL, ADV.)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.32/2013 PENDING ON THE FILE OF THE PRL. CIVIL
JUDGE & JMFC, RAIBAG FOR OFFENCES P/U/Ss 403, 406, 409,
417, 418, 420, 120-B r/w 34 IPC.

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

The learned trial judge has issued process to the petitioner for offences punishable under Sections 403, 406, 409, 417, 418, 420, 120-B r/w 34 IPC, merely because petitioner happens to be the General Manager of Belgaum District Central Co-operative Bank Limited from 21.07.2011.

2. As per averments of complaint, alleged offences were committed during the year 1995-1996. The sworn statement reveals that alleged offences were committed by the then General Manager of Belgaum District Central Co-operative Bank Limited.

3. The learned trial judge without application of mind has taken cognizance of offences alleged against present General Manager and issued process even though there is no reference to the present General Manager by his name. The learned Magistrate has ignored the averments of complaint and sworn statement while issuing process to petitioner. In 3 the circumstances, the impugned proceedings as they relate to petitioner herein cannot be sustained.

4. Therefore, I pass the following:

ORDER The petition is accepted. The impugned proceedings as they relate to petitioner herein are quashed.

SD/-

JUDGE Np/-

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