- 1 - NC: 2025:KHC:12449 CRL.P No. 2341 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.2341 OF 2024 BETWEEN: AEON CREDIT SERVICE INDIA PRIVATE LIMITED THROUGH ITS AUTHORIZED REPRESENTATIVE, BALU R S HAVING ITS REGISTERED OFFICE AT UNIT NO.TF-A-01, 3RD FLOOR A WING, ART GUILD HOUSE PHOENIX MARKET CITY LBS MARG, KURLA (WEST) MUMBAI - 400070 …PETITIONER (BY SRI. BOLA VEDAVYAS SHENOY, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH OFFICER IN CHARGE ANUGONDANAHALLI POLICE STATION HOSAKOTE, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560001 2. MURTHY VENKATESHWAR AGED MAJOR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka - 2 - NC: 2025:KHC:12449 CRL.P No. 2341 of 2024 S/O VENKATESHWAR R/O KOTURU VILLAGE NDANAHALLI HOBLI HOSAKOTE TALUK BENGALURU - 560 117 KARNATAKA …RESPONDENTS (BY SRI.LAKSHMANA B, HCGP FOR R.1; R.2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR BEARING CR.NO.113/2023 REGISTERED U/SEC.406 AND 420 OF IPC REGISTERED BY THE ANUGONDANAHALLI POLICE STATION, HOSKOTE, BENGLAURU AS AGAINST THE PETITIONER AND QUASH ALL INVESTIGATION PURSUANT THERETO AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner/accused No.8 challenges the registration of the FIR for offences punishable under Sections 406 and 420 of the IPC. 2. Respondent No.2 lodged a First Information Report stating that he had sold his old motorcycle to M/s Smriti Motors, of which accused No.1 is a partner, for a sum of Rs.40,000/-. In connection with this sale, he - 3 - NC: 2025:KHC:12449 CRL.P No. 2341 of 2024 agreed to purchase a new motorcycle for Rs.1,10,000/-, of which Rs.85,000/- was paid towards the purchase. The partners of the showroom (accused Nos.1 and 2) then allegedly insisted that the informant avail a loan from Kotak Mahindra Bank, promising a commission of Rs.5,000/-. Relying on their assurances, the informant approached Kotak Mahindra Bank for a loan of Rs.25,000/- . However, a loan of Rs.1,09,000/- was sanctioned and disbursed to the showroom’s account. Thereafter, accused No.1 failed to hand over the motorcycle to the informant and cheated him. Furthermore, the informant stated that similarly, accused Nos.1 and 2, as well as other financial institutions including accused No.8 have cheated their customers. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the State. 4. Although respondent No.2 (the informant) was served with notice, he did not appear in person or through counsel and was therefore placed ex parte. 5. A perusal of the First Information Report indicates that the allegations focus on accused Nos.1 and 2. There are no allegations that the petitioner induced respondent No.2 to avail a loan for the new motorcycle he - 4 - NC: 2025:KHC:12449 CRL.P No. 2341 of 2024 intended to purchase. Aside from omnibus or general allegations that similarly situated customers were cheated by various financial institutions, there is no specific allegation that petitioner/accused No.8 induced any customer to avail a loan with the intention to deceive. In the absence of any specific overt act against the petitioner, the continuation of the investigation against him would constitute an abuse of the process of law. 6. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The First Information Report in Crime No.113/2023 registered by the Anugondanahalli Police Station, Hosakote, Bengaluru on the file of Principal Civil Judge (Sr. Dn) and CJM Court, Hoskote, Bengaluru in so far it relates to the petitioner - accused No.8 stands quashed; Sd/- (HEMANT CHANDANGOUDAR) JUDGE NBM List No.: 1 Sl No.: 4