Karnataka High Court
Sri K Narayan Hegde vs State Of Karnataka on 10 December, 2018
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
Criminal Petition No.3414/2018
BETWEEN:
SRI K.NARAYAN HEGDE,
S/O: K.R HEGDE,
AGED ABOUT: 59 YEARS,
R/AT: 2-1-2/17, KRITIKA,
CHILMBI HILLS, 2ND CROSS,
ASHOK NAGAR POST,
MANGALORE-575006.
MANAGING DIRECTOR NO.2,
OF M/S KARLASON TRADING PVT. LTD.,
14, ROBINSON ROAD,
#1300 FAR EAST BUILDING,
SINGAPORE.
.....PETITIONER
(BY SRI AMAR CORREA, ADVOCATE AND
SRI VISHWANATH S.BICHAGITTI, ADV.)
AND
1. STATE OF KARNATAKA
BY KUMTA POLICE STATION
REPRESENTED BY HCGP
HIGH COURT OF KARNATAKA
BANGALORE-560001.
2. SRI MUKUND KAMAT,
S/O; SHRIDHAR KAMAT
:2:
AGED ABOUT: 41 YEARS,
R/O: HERAVATTA KUMTA,
UTTARA KANNADA-580001.
....RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R-1
SRI B.V.SOMAPUR & SRI V.P.VADAVI, ADVS. FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND
SET ASIDE ORDER DATED 20.02.2018 PASSED BY THE
CIVIL JUDGE JUNIOR DIVISION AND JMFC, KUMTA IN PCR
NO.28/2018 THEREBY REFERRING THE PRIVATE
COMPLAINT FOR INVESTIGATION BY THE RESPONDENT
NO.1 POLICE UNDER SECTION 156(3) OF CR.P.C. AND
ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 482 of Cr.P.C. seeking to set aside order dated 20.02.2018 passed by the Civil Judge Junior Division and JMFC, Kumta in PCR No.28/2018 thereby referring the private complaint for investigation by the respondent No.1 police under Section 156(3) of Cr.P.C. and quash registration of FIR in Crime No.158/2018 by the respondent No.1 Police Station for the offence punishable under Sections 418, 420, 417, 415 of IPC and quash the entire proceedings in PCR No.28/2018, pending on the file of the Civil Judge Junior :3: Division and JMFC Kumta, for the offence punishable under Sections 418, 420, 417, 415 of IPC.
2. The matter is listed for admission. it is taken up for final disposal.
3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent- State and learned counsel appearing for respondent No.2.
4. The substance of the complaint is as under;
On 19.02.2018, respondent No.2 has preferred a private complaint against M/s Karlason Trading Pvt. Ltd., Singapore of which the petitioner was a Director. The brief allegations made as per the complaint are that respondent No.2 is a Manager in the Company under the name and style of Shri Shanthdurga Cashew Industries which is into the business of selling Cashew by buying it from within India and also by import. The petitioner has contacted the respondent No.2 over phone and informed respondent No.2 that he is into the business of export of raw cashew nuts from West Africa i.e. from Benin and Ivory Coast and :4: has offered him to enter into an agreement for the purchase of raw cashews nuts from M/s Karlson Trading Pvt. Ltd., and they both have entered into an agreement on 03.05.2016 for the purchase of 500 Metric Tons of raw cashew nuts for the consideration amount of $1500/- (Rs.1,01,010/-) per ton and that the respondent No.2 has also made 15% of advance payment ($90,000/-). However, the petitioner has evaded the supply of the agreed raw material on one or the other pretext.
When the respondent No.2 further insisted for delivery of materials agreed upon the petitioner sent only 50.530 metric tons of raw cashew nuts which were of low quality and when the respondent No.2 has confronted about the quality of the cashew nuts, the petitioner has told him that this is the cashew that he can supply to him and respondent No.2 is at liberty to do whatsoever he thinks and upon receiving the raw cashew nuts and examination of it, it was found that the cashew nut delivered by the petitioner were worth Rs.42,15,292.08 and due to this act of the petitioner, the respondent No.2 :5: suffered loss of Rs.18,45,307.92/- and this petitioner has done intentionally to cheat the respondent No.2. The reminder letters sent by respondent No.2 to the petitioner were not answered and hence he has filed this complaint.
5. When the matter was under investigation after being referred, this petition was filed for quashing the proceedings on 28.05.2018.
This Court by order dated 22.10.2018, granted for stay of the operation. In this connection, the stay order sought in respect of the investigation to be stayed in Crime No.158/2018.
6. Learned counsel for the petitioner would submit that there is no compliance of the formalities of filing affidavit. The pure dispute of civil nature is transformed into a one to give the colour as a criminal case. The matter should have been referred for arbitration and that is not done.
7. In the circumstances, the trial Judge ordered for investigation looking to the materials before him. The appreciation of evidence varies from stage to stage in a :6: criminal proceedings be it under Section 436, 437, 438, and 439 or 167 or 200, 227 or 229 or 319 of Cr.P.C., and the judgment determining the case.
What was going on in the case was investigation and that is now being stopped, records are secured. In the circumstances, no prejudice or something irreversible occurs to the petitioner if the investigation continues.
8. Further, advance amount, date of agreement are to be considered among the other aspects. Petitioner do have several opportunities upon filing of the final report. Petition at this stage is premature to agitate of the matter in controversy to come to a finding. Hence, the following;
ORDER Petition filed under Section 482 of Cr.P.C. is hereby rejected.
Sd/-
JUDGE msr