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2025 DAILYLAW 39976 (KAR)

SMT. BINDU K JOSHI ALIAS NAGABINDU C S v. STATE OF KARNATAKA

CRL.P/1419/2025 · 2025-07-25

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28884 CRL.P No. 1419 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1419 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SMT. BINDU K JOSHI ALIAS NAGABINDU C S D/O C V SATHYANARAYANA, AGED ABOUT 50 YEARS, RESIDING AT F1, SRI GANAPATHI RESIDENCY, PLOT 16 17, 7TH CROSS, 3RD MAIN, RAMANJANEYA NAGAR, OPP SLV MANOR APT, KSRTC LAYOUT, UTTARAHALLI HOBLI, BENGALURU – 560 061. …PETITIONER (BY SRI. ANAGHA J PRAKASH.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANASHANKARI POLICE STATION REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 560 001. 2. SRI. DAYANANDA SAGAR H.L, AGED ABOUT 63 YEARS, BANK MANAGER THE KARNATAKA STATE CO-OP. APEX BANK LTD, NO.67, PADMANABHANAGAR, BSK 2ND STAGE, BENGALURU-560 070. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP FOR R-1 SRI. H.N. SUNIL KUMAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR IN CR.NO.0025/2012 REGISTERED BY BANASHANKARI POLICE, BENGALURU AND CHARGE SHEET IN C.C.NO.12953/2019, CONSEQUENTLY, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.12953/2019, PRESENTLY PENDING ON THE Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28884 CRL.P No. 1419 of 2025 FILE OF THE LRD. II ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE OFFENCES P/U/S 420, 466, 468 AND 471 OF IPC, 1860. 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, petitioner seeks for the following reliefs: “a) Quash the FIR in Crime No.0025/2012 registered by Banashankari Police, Bengaluru and charge sheet in C.C. No.12953/2019, consequently, quash the entire proceedings in C.C. No.12953/2019, presently pending on the file of the Learned II Additional Chief Metropolitan Magistrate, Bengaluru for the offences punishable under Section 420, 466, 468 & 471 of the Indian Penal Code, 1860. b) To grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned HCGP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. - 3 - HC-KAR NC: 2025:KHC:28884 CRL.P No. 1419 of 2025 3. The material on record indicates that the 2nd respondent – complainant filed the complaint which is registered as an FIR in Crime No.25/2012 for offences punishable under Sections 420, 466, 468 and 471 of IPC, now pending in C.C.No.12953/2019 before the II Addl.CMM, Bangalore. 4. Learned counsel for the petitioner and learned counsel for the 2nd respondent jointly submits that the petitioner – accused has repaid the entire loan amount of Rs.2 lakhs due to the Karnataka State Co-op. Apex Bank Ltd., in which the 2nd respondent – complainant is the Manager and as such, the impugned proceedings may be quashed and No Objection Certificate is given by the aforesaid Bank in favour of the petitioner vide Annexure-E. The said joint submission is placed on record. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned FIR in Crime No.25/2025 registered by the 1st respondent – Police for offences punishable under Sections 420, 466, 468 and 471 of IPC and further proceedings in - 4 - HC-KAR NC: 2025:KHC:28884 CRL.P No. 1419 of 2025 C.C.No.12953/2019, pending on the file of II Addl.CMM, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.