- 1 - NC: 2025:KHC:9639 CRL.P No. 12530 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 12530 OF 2024 BETWEEN: MR. SATHISH A G S/O LATE ANNAIAH @ ANNAIAH NAIDU AGED ABOUT 45 YEARS, R/AT NO.191/1, 4TH MAIN, KENGERI, BANGALORE-560 060. ALSO AT: NO.16 13TH CROSS, 6TH MAIN NEAR RAGHAVENDRA CLINIC A.D.HALLI BENGALURU-560 079 …PETITIONER (BY SRI. KESHAVA MURTHY B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA SHO, ANNAPOORNESHWARI NAGAR P.S., REP. BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001. 2. MR. RAGHAVENDRA U K S/O MR. KESHAVA MURTHY N, AGED ABOUT 49 YEARS, R/AT NO.101, 3RD FLOOR, 2ND CROSS, 4TH BLOCK, RAILWAY MEN'S LAYOUT, NEAR RAMAKRISHNA PARK, NANDINI LAYOUT, BANGALORE-560 096. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; NOTICE TO R2 IS SERVED AND UNREPRESENTED) Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9639 CRL.P No. 12530 of 2024 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED BY THE RESPONDENT NO.1, ANNAPOORNESHWARI NAGAR P.S. IN CR.NO.387/2024 FOR THE ALLEGED OFFENCES P/U/S 316(2) AND 318(4) OF BHARATIYA NYAYA SANHITA, ACT, 2023 PENDING ON THE FILE OF VI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU CITY, BENGALURUI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of the FIR for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 2. Respondent No. 2 lodged the FIR, stating that the petitioner, by inducing respondent No. 2 to secure an engineering seat, received a sum of Rs.25 lakh. Thereafter, the petitioner, without securing the engineering seat, did not return the money. 3. Despite service of notice, respondent No. 2 (the complainant) has not appeared in person or through counsel and is thus placed ex parte. 4. The learned counsel for the petitioner and the learned High Court Government Pleader for respondent No. 1 (State) were heard. 5. The petitioner has annexed a copy of the loan agreement executed in his favour by Respondent No.2, evidencing that he received a sum of Rs.10 lakh as a loan, and he also issued - 3 - NC: 2025:KHC:9639 CRL.P No. 12530 of 2024 a cheque to the petitioner towards the repayment of the loan. The subject cheque, which was presented for realization, was dishonoured for want of funds. Subsequently, the petitioner initiated proceedings under Section 138 of the NI Act, and the impugned FIR was lodged by respondent No. 2, alleging that the petitioner, by promising to secure the engineering seat, received a sum of Rs.25 lakh. The petitioner, without securing the engineering seat or returning the money, has committed the offence of cheating. There is no material to substantiate that he received a sum of Rs.25 lakh from the complainant for securing the engineering seat, and the FIR was lodged to prevent the petitioner from prosecuting proceedings for the offence punishable under Section 138 of the NI Act. The loan agreement executed by respondent No. 2 is not disputed by respondent No. 2. Therefore, it is implied that the FIR was lodged solely to wreak vengeance with a revengeful intent, in order to pressure the petitioner into arriving at a settlement. In such circumstances, the continuation of the investigation would be an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned FIR in Cr. No. 387/2024, registered by respondent No. 1 and pending on the file of the learned VI Additional Chief Judicial Magistrate, Bangalore City, Bangalore, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM, List No.: 1 Sl No.: 119