- 1 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 03RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.201865 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI PRANIL PRADIP BHOITE S/O PRADIP TUKARAM BHOITE, AGED ABOUT 34 YEARS, RESIDENT AT NO. 226/A, WARD SANDHYAMATH SHIVAJI PETH, KOLHAPUR CITY, KOLHAPUR, MAHARASHTRA-416012 2. SRI PRAVESH KUMAR SINGH S/O SUNIL KUMAR SINGH, AGED ABOUT 30 YEARS, RESIDENT AT RZ D2/57, VINOD PURI VIJAY ENCLAVE, DABRI SOUTH WEST DELHI, DELHI-110045. …PETITIONERS (BY SRI. RAJESH DODDAMANI, ADVOCATE) AND: 1. STATE BY VIJAYAPURA CEN CRIME POLICE STATION, VIJAYPAURA, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT KALABURAGI, AT KALABURAGI. Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 2. SRI SIDDAPPA PUJARI S/O RUDRAPPA PUJARI, AGED ABOUT 57 YEARS, RESIDING AT NO. 432, NEAR S. R. COLONY, JALA NAGAR, VIJAYAPURA. RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.96/2023 REGISTERED BY THE RESPONDENT NO.1 POLICE-VIJAYAPURA CEN CRIME P.S., PENDING ON THE FILE OF THE HON’BLE III ADDITIONAL CIVIL JUDGE (JR.DVN.) AND J.M.F.C BIJAPUR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Rajesh G Doddamani, learned counsel for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader for the State and Sri Shivanand V. Pattanashetti, learned counsel for the respondent No.2. 2. The present petition is filed under section 482 of the Code of Criminal Procedure, with the following prayer: “Call for the entire records in Crime No.96/2023 registered by the respondent No.1 police i.e., Vijayapura CEN Crime P.S. pending on the file of the Hon’ble III - 3 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 Additional Civil Judge (Jr.Dn.) and JMFC at Bijapur Dist.Bijapur for the alleged offences punishable under Section 406, 419 and 420 of the Indian Penal Code against the accused No.1 and 6/petitioner no.1 and 2 herein and peruse the records and quash the FIR in Crime No.96/2023 registered by the respondent No.1 police i.e., Vijayapura CEN Crime P.S. pending on the file of the Hon’ble III Additional Civil Judge (Jr.Dn.) and JMFC, at Bijapur, Dist: Bijapur.” 3. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under: A complaint came to be lodged by Siddappa Pujari with Vijayapura CEN Police Station on 30.11.2023 which was registered in Crime No.96/2023 for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code. 4. Gist of the complaint averments would reveal that complainant and others had formed a Non Government Organization in the name and style ‘POWER’ (People Organization for Waste Land Environment Regeneration). 5. Complainant being the Secretary of the said NGO, opened an account in Axis Bank, Basaveshwara Circle Branch, Vijayapura Town. It is his specific case that the said NGO receives donations from the donors and from such amount, they are undertaking development activities in the rural areas. - 4 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 6. When the matter stood thus, one Pranil Pradip Bhoite (petitioner No.1 herein) approached the complainant in December 2021 over mobile telephone and introduced one Amith Kumara Dama who is indulged in getting donations to organizations like that of the complainant. 7. It is further alleged in the complaint that petitioners informed the complainant that a representative of ‘Muireadhach Ecotech India Pvt. Ltd.,’ would be holding a meeting in India to work out the donations from foreign countries and for organizing such meetings, NGO needs to meet the expenses. 8. As per the assurance given by the petitioners, a sum of Rs.10,00,000/- was paid by the complainant to ‘I World International Company’ at the instance of petitioners and Amith Kumara Dama, through RTGS. 9. However, after receipt of said sum of Rs.10,00,000/- there was no response from the petitioners to the complainant and ultimately after waiting for sufficient time, complainant came to know that the NGO has been cheated by the petitioners and others. It is stated that only a sum of Rs.5,000/- has been repaid to the complainant. - 5 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 10. Based on the complaint, police registered a case and investigated the matter. 11. In the meantime, petitioners have approached this Court seeking quashing of the proceedings on the ground that Rs.10,00,000/- is repaid on 09.11.2023 and therefore, continuation of the criminal proceedings is totally unwarranted and would result in abuse of process of law. 12. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader and Sri Shivanand V. Pattanashetti, learned counsel for the respondent No.2 oppose the petition prayer by contending that repayment of the amount would not ipso facto render the criminal complaint infructuous, in view of settled principles of law enunciated by the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab reported in (2012)10 SCC 303 and sought for dismissal of the petition. 13. Having heard the arguments of both sides, this Court perused the material on record, meticulously. 14. On such perusal of the material on record, it is crystal clear that amount was transferred from NGO to the petitioners - 6 - HC-KAR NC: 2025:KHC-K:3608 CRL.P No. 201865 of 2023 and to the ‘I World International Company’ on the assurance of the petitioners herein. 15. No doubt, amount is subsequently repaid. But, it is now settled principle of law that mere repayment of the amount after cheating would not ipso facto efface the criminality involved in the incident. 16. Be that as it may, it is for the parties to work out their respective remedy before the Trial Court by filing necessary application if there is true settlement between the complainant and petitioners herein. 17. Reserving such liberty, this Court is of the considered opinion that the petition relief cannot be granted. 18. Hence, the following: ORDER Petition is dismissed. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 29 CT:PK