- 1 - HC-KAR NC: 2025:KHC:22397 CRL.P No. 6682 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6682 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR P L G MANU S/O. LATE P.P. LUKE, AGED ABOUT 71 YEARS, RESIDING AT ‘JAREIN MANSION’ , AQUEM, MARGAO, GOA – 403 601. …PETITIONER (BY SRI. SAMPATH KUMAR, SENIOR COUNSEL FOR SRI. SURAJ SAMPATH, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY THE HULLIMAVU POLICE STATION, REPRESENTED BY THE S.P.P., HIGH COURT BUILDING, AMBEDKAR VEEDI, BANGALORE – 560 001. …RESPONDENT (BY SRI. B.N. JAGADEESHA, ADDL. SPP ALONG WITH SRI. CHANNAPPA ERAPPA, HCGP) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE IMPUGNED ORDER DTD 19.04.2025 IN CRL.RP.NO.198/2025 (ANNEXURE-A), PENDING ON THE FILE OF THE HONBLE CITY CIVIL AND SESSIONS JUDGE (CCH-66), BANGALORE AND GRANT RELIEF SOUGHT FOR IN I.A.NO.1/2025 IN CRL.RP.NO.198/2025 (ANNEXURE-E), TILL THE DISPOSAL OF THE SAID CRL.RP. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:22397 CRL.P No. 6682 of 2025 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the petitioner in Crl.R.P.No.198/2025 on the file of Prl.City Civil and Sessions Judge, Bangalore, is directed against the impugned order dated 19.04.2025 passed by the Sessions Court declining to stay further proceedings in C.C.No.13613/2009 pending before the learned Magistrate. 2. Heard learned Senior counsel for the petitioner and learned Addl.SPP for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioner – accused No.1 in C.C.No.13613/2009, in which, he filed an application under Section 322 Cr.P.C. which was rejected by the learned Magistrate vide order dated 27.03.2025. Aggrieved by the said order, the petitioner approached the revisional court in Crl.R.P.No.198/2025 and filed I.A.1/2025 seeking stay of further proceedings before the learned Magistrate. By the impugned order, the Sessions Court declined to grant interim order of stay in favour of the petitioner, who is before this Court by way of the present petition. - 3 - HC-KAR NC: 2025:KHC:22397 CRL.P No. 6682 of 2025 4. On 20.05.2025, this Court passed the following interim order:- Heard on I.A.No.1/2025. Learned Senior Counsel submitted that the petitioner herein had filed an application before the learned Magistrate under Section 322 of Cr.P.C., challenging the jurisdiction of the Court to try the same. The said application came to be rejected. Hence, he filed this application seeking for granting of stay of further proceedings in C.C.13613/2009 pending on the file of the III Addl. CJM, Bengaluru. The learned Senior Counsel further submitted that the offence of cheating or criminal breach of trust are one and the same. Invoking both the offences in a case cannot be sustained. Making such submissions, he relied on the judgment of Hon'ble Supreme Court Delhi Race Club (1940 Ltd.) Vs. State of Uttar Pradesh reported in 2024 (10) SCC 690, wherein the Hon'ble Supreme Court held in paragraph nos.53-55 are as under: (53.) Before we close this matter, we would like to say something as regards the casual approach of the courts below in cases like the one at hand. The Indian Penal Code (IPC) was the official Criminal Code in the Republic of India inherited from the British India after independence. The IPC came into force in the sub-continent during the British rule in 1862. The IPC remained in force for almost a period of 162 years until it was repealed and replaced by the Bharatiya Nyaya Sanhita ("BNS") in December 2023 which came into effect on 1 st July 2024. It is indeed very sad to note that even after these many years, the courts have not been able to understand the fine distinction between criminal breach of trust and cheating. (54.) When dealing with a private complaint, the law enjoins upon the magistrate a duty to meticulously examine the contents of the complaint so as to determine whether the offence of cheating or criminal breach of trust as the case may be is made - 4 - HC-KAR NC: 2025:KHC:22397 CRL.P No. 6682 of 2025 out from the averments made in the complaint. The magistrate must carefully apply its mind to ascertain whether the allegations, as stated, genuinely constitute these specific offences. In contrast, when a case arises from a FIR, this responsibility is of the police to thoroughly ascertain whether the allegations levelled by the informant indeed falls under the category of cheating or criminal breach of trust. Unfortunately, it has become a common practice for the police officers to routinely and mechanically proceed to register an FIR for both the offences i.e., criminal breach of trust and cheating on a mere allegation of some dishonesty or fraud, without any proper application of mind. (55.) It is high time that the police officers across the country are imparted proper training in law so as to understand the fine distinction between the offence of cheating viz-a-viz criminal breach of trust. Both offences are independent and distinct. The two offences cannot coexist simultaneously in the same set of facts. They are antithetical to each other. The two provisions of the IPC (now BNS, 2023)-are not twins that they cannot survive without each other. Having considered the dictum of the Hon'ble Supreme Court, prima- facie, I am of the considered opinion that there is a substance in the submission of the learned Senior Counsel for the petitioner to grant stay, as prayed for. Accordingly, I.A.No.1/2025 is allowed. There shall be stay of further proceedings in C.C.No.13613/2009 pending on the file of III ACJM, Bengaluru, till next date of hearing. List this matter on 25.06.2025. 5. It is a matter of record that the aforesaid Crl.R.P.No.198/2025 is posted before the Sessions Court on 27.06.2025. In view of the aforesaid facts and circumstances, petition deserves to be disposed of directing the Sessions Court to dispose of Crl.R.P.No.198/2025 in accordance with law after - 5 - HC-KAR NC: 2025:KHC:22397 CRL.P No. 6682 of 2025 hearing both sides within a period of three months from the date of receipt of a copy of this order. It is further directed that till disposal of Crl.R.P.No.198/2025, the aforesaid interim order passed by this Court on 20.05.2025 shall continue to remain in force and subsisting between the parties. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same. 6. Subject to the aforesaid observations, petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.