- 1 - NC: 2025:KHC:5600 CRL.P No. 1566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1566 OF 2025 BETWEEN: . NEXA MANDOVI MOTORS OFFICE AT. NO.33/2, ALLALA SANDRA, GATE YELAHANKA MAIN ROAD, BANGALORE REPRESENTED BY AUTHORIZED REPRESENTATIVE OF NEXA MANDOVI MOTORS SUKESH, S/O. GOPALA SHETTY, AGED ABOUT 34 YEARS, ASSISTANT GENERAL MANAGER NEXA MANDOVI MOTORS BANGALORE, R/AT. HOSA NELA ESTATE, MUDIGERE TALUK, CHIKKAMAGALUR DIST - 577132. …PETITIONER (BY SRI. NISHIT KUMAR SHETTY.,ADVOCATE) AND: STATE OF KARNATAKA BY RTO HASSAN, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE 560 001 …RESPONDENT (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5600 CRL.P No. 1566 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDING AGAINST THE PETITIONER IN CC.NO.5158/2024, PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, AT HASSAN, FOR THE OFFENCE P/U/S 192 B (2) OF MOTOR VEHICLE ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks for the following reliefs: "to quash the entire proceedings against the petitioner in C.C.No.5158/2024 pending on the file of II Addl. Civil Judge and JMFC, Hassan, for the offence punishable under Section 192 B(2) of Motor Vehicles Act, in the interest of justice." 2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner is an authorized dealer of Maruthi Suzuki vehicles and on 14.08.2024, when the subject vehicle was being transported from - 3 - NC: 2025:KHC:5600 CRL.P No. 1566 of 2025 the Head Office at Mangalore to its branch Office at Bengaluru, the respondent intercepted the vehicles and instituted the impugned proceedings against the petitioner for the alleged offences under Section 192B(2) of the Motor Vehicles Act (for short, 'MV Act'). 4. Learned counsel for the petitioner submits that Section 192B of the MV Act was not applicable to the petitioner inasmuch as the petitioner is only a dealer and Section 192B of the MV Act was not applicable to the petitioner. It is submitted that so long as the vehicle was not sold by the petitioner in favour of anyone else coupled with the fact that the petitioner has already obtained the Trade Certificate, Insurance Policy, Road Clearance Certificate etc, it cannot be said that the petitioner was guilty of the aforesaid offences and the impugned proceedings deserve to be quashed. 5. Per contra, the learned High Court Government Pleader submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record will indicate that the petitioner was merely in the process of shifting /moving the vehicle from its Head Office at Mangalore to its branch office at Bengaluru. - 4 - NC: 2025:KHC:5600 CRL.P No. 1566 of 2025 In the other words, in the absence of the petitioner having sold the vehicle in favour of a third party or prospective purchaser without registering the vehicle, the question of committing the alleged offence under Section 192B of the MV Act would not arise in the facts and circumstances of the case, I am of the view that the impugned proceedings deserve to be quashed. 7. In the result, I pass the following: ORDER (i) The petition is hereby allowed. ii) The proceedings in C.C.No.5158/2024 on the file of II Addl. Civil Judge and JMFC, Hassan for the offences punishable under Section 192B of the MV Act qua the petitioner is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 24