- 1 - HC-KAR NC: 2025:KHC:18694 CRL.P No. 7599 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7599 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR. RAMASWAMY B. S/O LATE BYIAPPA, AGED ABOUT 52 YEARS, FDA CLERK, M/S BHARATH CO-OPERATIVE BANK LTD., NO.30, 15TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE – 560 011. 2. MR. VEERAPPA M. S/O MUNIYAPPA, AGED ABOUT 77 YEARS, VICE PRESIDENT, M/S BHARATH CO-OPERATIVE BANK LTD., NO.30, 15TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE – 560 011. 3. SMT. ANURADHA S. W/O N. THYAGARAJU AGED ABOUT 60 YEARS, M/S BHARATH CO-OPERATIVE BANK LTD., NO.30, 15TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE – 560 011. …PETITIONERS (BY SRI. K.V. LOKESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE JAYANAGAR POLICE STATION REPRESENTED BY ITS PUBLIC PROSECUTOR, CIVIL COURT COMPLEX, BANGALORE CITY. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18694 CRL.P No. 7599 of 2025 2. MR. PRABHU S. HADAGALI R/AT NO.1098, 18TH B MAIN, 71ST CROSS, RAJAJINAGAR, 5TH BLOCK, BANGALORE – 560 010 SINCE DECEASED REPRESENTED BY HIS LEGAL HEIR MR. RAVI KUMAR HADAGALI …RESPONDENTS (BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ORDER DATED 02.09.2022 PASSED BY HON’BLE 4TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE IN C.C.NO.28173/2022 OF TAKING COGNIZANCE OF OFFENCES PUNISHABLE UNDER SECTIONS 406, 409, 417, 420, 120B, 468, 471, R/W 34 OF IPC AND ISSUANCE OF SUMMONS TO THE PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek the following reliefs: “a) To quash the order dated 02.09.2022 passed by the Hon’ble 4th Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.28173/2022 of taking cognizance of offences punishable under Sections 406, 409, 417, 420, 120B, 468, 471 r/w 34 of IPC and issuance of summons to the petitioners. b) To quash CC 28173/2022 for the alleged offences punishable under Sections 406, 409, 417, 420, 120B, 468, 471 R/w 34 of IPC pending before the 4th Additional CMM Court, Nrupathunga Road, Bengaluru as against the petitioners.” - 3 - HC-KAR NC: 2025:KHC:18694 CRL.P No. 7599 of 2025 2. Heard learned counsel for the petitioners and learned Addl. SPP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 is none other than the son of original de-facto complainant – Prabhu S Hadagali, who filed the impugned complaint on 17.02.2022 against the petitioners, who are office bearers of M/s. Bharath Co-operative Bank Ltd., from whom the aforesaid de-facto complainant – Prabhu S Hadagali had obtained a loan. Subsequently, the aforesaid Prabhu S Hadagali expired on 29.10.2023 and is represented by his son – Mr. Ravi Kumar Hadagali, who is physically present before this Court. 4. A perusal of the material on record comprising of FIR, complaint, charge sheet materials, statement of witnesses, documents, etc., will clearly indicate that there is no valid nor sufficient material available for continuation of the aforesaid proceedings as against the petitioners, who are undisputedly bank officials and board members working in M/s. Bharath Co-operative Bank Ltd., from whom the father of respondent No.2 obtained a loan and had not repaid the same. However, subsequently after the demise of his father, Mr. Ravi Kumar Hadagali, who is - 4 - HC-KAR NC: 2025:KHC:18694 CRL.P No. 7599 of 2025 physically present before this Court submits that he has paid the entire loan and the loan account of his father have been closed by the aforesaid Mr. Ravi Kumar Hadagali. The aforesaid Mr. Ravi Kumar Hadagali, who is physically present has produced the copy of the Aadhar Card along with the memo and the same are placed on record. 5. Under these circumstances, in order to secure the ends of justice, I deem it just and appropriate to exercise my jurisdiction under Sections 482 Cr.P.C. r/w 528 BNSS and quash the impugned proceedings. 6. In the result, I pass the following: ORDER (i) The petition is hereby allowed. (ii) The impugned order dated 02.09.2022 passed by the IV Addl. Chief Metropolitan Magistrate, Bengaluru, in C.C.No.28173/2022 is hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 5 Sl No.: 3