- 1 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 5789 OF 2022 BETWEEN: 1. MR.NITHESH KUMAR, S/O LATE ASHWINI KUMAR SINGH, AGED ABOUT 55 YEARS, DIERCTOR, M/S KUMKUM BUILDCON PRIVATE LIMITED, RESIDING AT B-303, LAKSHCHANDI HEIGHTS, GOKULADHAM, GOREGAON, MUMBAI-400 097. 2. MR.NISHANTH KUMAR, S/O MR. NITHESH KUMAR, AGED ABOUT 29 YEARS, DIRECTOR, M/S KUMKUM BUILDCON PRIVATE LIMITED, R/AT NO.B-303, LAKSHACHANDI HEIGHTS GOKULADHAM, GOREGAON, MUMBAI-400 097. 3. M/S KUMKUM BUILDCON PRIVATE LIMITED, A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: A-504, REMI BIZCOURT, VEERA DESAI ROAD, ANDHERI (WEST) MUMBAI-400 053. REPRESENTED BY ITS DIRECTOR AND AUTHORIZED REPRESENTATIVE MR. NISHANTH KUMAR. …PETITIONERS (BY SRI. ANAND MUTTALLI.,ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY RAJANUKUNTE POLICE STATION SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA. 2. M/S WINNTUS SCAFFOLDING PRIVATE LIMITED, A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT,1956, HAVING ITS REGISTERED OFFICE AT: SY.NO.105/2, SINGANAYAKANAHALLI, DODDABALLAPUR MAIN ROAD, YELAHANKA, BENGALURU-560 064 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. HITESH KUMAR. …RESPONDENTS (BY SMT. K.P. YASHODHA.,HCGP FOR R1, SRI. SATISH S., ADVOCATE FOR R2(ABSENT)) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT DATED 28.03.2022 (ANNEUXRE-B) FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S 403 AND 406 OF IPC AND QUASH THE FIR REGISTERED IN CR.NO.57/2022 AT 2nd ACJM, BANGALORE (ANNEXURE-A) BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS HEREIN FOR THE OFFENCE P/U/S 403 AND 406 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER Even though this matter is listed for hearing on interlocutory application, with the consent of the learned counsel for the petitioners and the learned High Court Government Pleader, the matter is taken up for final disposal. 2. The petitioners being accused Nos.1 to 3 have filed this petition seeking to quash the criminal complaint dated 28-03-2022 registered in Crime No.57/2022 of Rajanukunte Police Station pending on the file of the learned II Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 403 and 406 of Indian Penal Code (for short 'IPC'). 3. Brief facts of the case are that, respondent No.2 being the informant filed the first information in Rajankunte Police Station on 28-03-2022, against accused Nos.1 to 4, alleging commission of the aforesaid offences. - 4 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 It is stated that the complainant is dealing with scaffolding and shuttering materials. Accused No.3 placed order for supply of such materials. Accordingly, the materials were supplied and the same were dumped in the premises belonging to accused No.4 without any security. Moreover, the representatives of the informant were not allowed to enter the premises to inspect the materials. The rent for the said materials was also not paid for a period of six months and thereby, the accused have committed criminal breach of trust and cheating. Hence, the complainant requested the police to register the case and to initiate legal action. Accordingly, the police have registered the case in Crime No.57/2022. In the meantime, accused Nos.1 to 3 are before this Court seeking quashing of criminal proceedings initiated against them. 4. Heard Shri Anand Muttalli, learned counsel for the petitioners and Smt K P Yashodha learned HCGP for respondent No.1. Learned counsel for respondent No.2 is - 5 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 absent. No representation. Hence, his arguments is taken as nil. Perused the materials on records. 5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioners have made out any grounds to allow the petition and to quash the criminal proceedings initiated against them?" My answer to the above point is in the 'Affirmative’ for the following: R E A S O N S 6. It is the specific contention of respondent No.2 that he has supplied scaffolding materials to accused No.3, who in turn dumped it in the premises belonging to accused No.4. There appears to be some dispute between accused Nos.3 and 4, as a result of which, it is stated that the accused No.4 prevented accused No.3 and his men - 6 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 from entering the premises. As a result, the scaffolding materials taken from the informant by accused No.3 were lying in the premises belonging to accused No.4. It is alleged that such materials were dumped without any security. Representatives of respondent No.2 was not allowed to enter the premises for inspection and the rent for such materials was not paid for over a period of six months. 7. Learned counsel for the petitioners has drawn the attention of the Court to an e-mail dated 15.11.2021, addressed to accused No.4 with a copy to respondent No.2, highlighting that accused No.4 has prevented accused No.3 and his men from entering the premises, and the materials that were supplied by the informant were lying therein without paying any rent. Therefore, accused No.3 requested accused No.4 to return back the materials at the earliest. 8. Learned counsel for the petitioners submitted that the dispute between accused Nos.3 and 4 has been - 7 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 referred to Arbitration and the arbitration proceedings are being undertaken at Chennai. The scaffolding materials were seized by the police after registration of the present criminal case, and the same were released in favour of respondent No.2 to its interim custody. The contention taken by respondent No.2 with regard to dumping of the materials without any security, non-payment of the rent and not permitting the representative of the informant to inspect the materials would definitely not amount to either breach of trust or cheating. The basic ingredients to invoke Sections 406 and 420 of IPC is lacking. In view of the above, I am of the opinion that there are no reasons to permit the criminal proceedings to continue against the petitioners as it would amount to infringement of the right of the petitioners and also abuse of the process of the Court. Therefore, I am of the opinion that the criminal proceeding is liable to be quashed. 9. Accordingly, I answer the above point in the 'Affirmative' and proceed to pass the following: - 8 - NC: 2025:KHC:2877 CRL.P No. 5789 of 2022 ORDER i) The criminal petition is allowed. ii) The FIR registered in Crime No.57/2022 of Rajanukunte Police Station, Bengaluru, pending on the file of the learned II Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 403 and 406 of Indian Penal Code, is hereby quashed. iii) In view of the disposed off main petition, I.A.No.1/2023 filed for vacating stay is stands disposed off. Sd/- (M G UMA) JUDGE ASN List No.: 1 Sl No.: 9