PRASIDDHI CHIT FUNDS PVT LTD., v. STATE OF KARNATAKA
CRL.P/6295/2025 · 2025-10-25
Mohammad Nawaz
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41215 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41215 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6295 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 6199 OF 2025 482(Cr.PC) / 528(BNSS)) IN CRL.P No. 6295/2025 BETWEEN:
1. PRASIDDHI CHIT FUNDS PVT. LTD., OFFICE AT ASHIRWAD BUILDING, 4TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU - 560 003, REPRESENTED BY ITS DIRECTOR. 2. SRI. MAHESH S @ MAHESH PRASIDHI S/O SRINIVASA MURTHY, AGED ABOUT 46 YEARS, RESIDING AT NO. 112, 4TH CROSS, MPM LAYOUT, NAGARABHAVI, BENGALURU - 560 072. 3. NIRUPA MAHESH W/O MAHESH S AGED ABOUT 34 YEARS RESIDING AT NO. 112, 4TH CROSS, MPM LAYOUT, NAGARABHAVI, BENGALURU - 560 072. Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
4. SMT. HEMALATHA W/O ANJANEYALU AGED ABOUT 45 YEARS RESIDING AT 144/3, 1ST CROSS 2ND BLOCK, K S COLONY, THYAGARAJANAGAR BENGALURU - 560 028. …PETITIONERS (BY SRI. TRIVIKRAM S, ADVOCATE) AND:
1. STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SRI. SATHYAPRAKASH S/O SARANGAPANI AGED ABOUT 57 YEARS R/AT NO.57, 12TH 'A' CROSS, SINDHI HOSPITAL ROAD, SR NAGAR, BENGALURU - 560 027. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.29882/2023 ARISING OUT OF THE FIR IN CRIME NO.39/2017 FOR THE OFFECNES P/U/S. 420 R/W 34 OF IPC AND SECTION 76 OF THE CHIT FUNDS ACT, 1982 REGISTERED BY MALLESHWARAM POLICE STATION AND PENDING ON THE FILE OF THE LEARNED I ADDL. CHIEF JUDICIAL MAGISTRATE, AT BENGALURU CITY, QUA THE PETITIONERS FOUND AT ANNEXURE-C AND D.
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
IN CRL.P NO. 6199/2025 BETWEEN:
1. PRASIDDHI CHIT FUNDS PVT LTD OFFICE AT ASHIRWAD BUILDING, 4TH CROSS, SAMPIGE ROAD, MALLESHWARAM, BENGALURU - 560 003 REPRESENTED BY ITS DIRECTOR (MAHESH S. PETITIONER NO.2). 2. SRI. MAHESH S @ MAHESH PRASIDHI S/O SRINIVASA MURTHY, AGED ABOUT 46 YEARS, RESIDING AT NO. 112, 4TH CROSS, MPM LAYOUT, NAGARABHAVI, BENGALURU - 560 072. 3. SMT.
NIRUPA W/O MAHESH S AGED ABOUT 34 YEARS RESIDING AT NO. 112, 4TH CROSS, MPM LAYOUT, NAGARABHAVI, BENGALURU - 560 072. 4. SMT. HEMALATHA W/O ANJANEYALU AGED ABOUT 45 YEARS RESIDING AT 144/3, 1ST CROSS 2ND BLOCK, K S COLONY, THYAGARAJANAGAR BENGALURU - 560 028. ...PETITIONERS (BY SRI. TRIVIKRAM S, ADVOCATE)
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
AND:
1. STATE OF KARNATAKA BY MALLESHWARAM POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. GEETHA PRIYA W/O PRASHANTH R AGED ABOUT 44 YEARS R/AT NO.13, 2ND MAIN, JYOTHINAGARA, NAGARBHAVI BENGALURU - 560 072 ...RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.CC NO.2314/2023 ARISING OUT OF THE FIR IN CRIME NO.100/2017 FOR THE O/P/U/S 34, 420 OF IPC R/W SECTION 9 OF KPIDFE ACT AND SEC.76 OF THE CHIT FUNDS ACT, REGISTERED BY MALLESHWARAM POLICE STATION AND PENDING ON THE FILE OF THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU AND SPL.COURT FOR KPIDFE ACT AT BENGALURU (CCH-1) QUA THE PETITIONERS FOUND AT ANNEXURE C AND D.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
ORAL ORDER
Crl.P.No.6295/2025 is filed seeking to quash the entire proceedings in CC.No.29882/2023 arising out of FIR in Crime No.39/2017 registered at Malleshwaram Police Station, Bangalore City, for the offence punishable under Section 420 read with 34 of IPC and Section 76 of the Chit Funds Act, 1982. 2. Crl.P.No.6199/2025 is preferred seeking to quash the entire proceedings in Spl.CC.No.2314/2023, arising out of Crime No.100/2017 registered at Malleshwaram Police Station, Bangalore City, for the offence punishable under Section 420 read with 34 of IPC, Section 76 of the Chit Funds Act, 1982 and Section 9 of KPIDFE Act. 3.
It is contended by the learned counsel for the petitioners that the petitioners are one and the same in both the FIRs, there are multiple FIRs registered on the same set of allegations and in the case on hand, two
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HC-KAR NC: 2025:KHC:42301 CRL.P No. 6295 of 2025 C/W CRL.P No. 6199 of 2025
separate charge sheets are filed and the same hits the principle of 'doctrine of sameness' and therefore, the proceedings are liable to be quashed. 4. The learned counsel for the petitioners has relied on the judgments of the Hon'ble Supreme Court in the case of T.T. Antony V. State of Kerala and Others reported in (2001) 6 SCC 181 and Surendar Kaushik and Others V. State of U.P. reported in (2013) 5 SCC
148. 5. The learned High Court Government Pleader has contended that even though the accused are one and the same, the incidents are of different time period, the complainants are different and the allegations pertains to different chits. He therefore contended, in that scenario, there is no illegality in filing different charge sheets and on that ground the proceedings cannot be quashed. - 7 -
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6. In Crime No.39/2017 of Malleshwaram Police Station, the complainant by name Sathya Prakash C.S. has alleged as under:
"I had met one of the officials of Prasiddhi Chits Pvt. Ltd i.e., Mr.Rangaswamy in a business meeting and he had introduced me to his Company and had widely advertised that his Company is serving the community in cultivating saving habits though chit groups and helping them to meet their financial needs from 2005. He persuaded me in such a way that my amount will be secured in investing in Prasiddhi Chits and that I would be benefited with it. Mr.Rangaswamy persuaded me to visit their office and meet the Directors of their Company.
I met their Directors i.e., Mr.Mahesh Prasiddhi, Mrs.Nirupa Mahesh and Mrs.Hemalatha their Finance Manager and Mrs.Rashmi Gowda, the Assistant Finance Manager and they convinced me that I will grow rich my securing my amount and also that theirs is the safest chit in entire Karnataka which has been approved by the Government. Believing their words I was felt with no other options but to enroll myself in the above chit group. I have enrolled myself in three chits. One chit amount was Rs.5,00,000/-(Rupees Five Lakhs) for which my enrolment number as per the Company records is MFL-17. The Second chit was Rs.3,00,000/- (Rupees Three Lakhs) for which my enrollment number as per the Company records is MTL- B and the third chit was also for Rs.3,00,000/- (Rupees Three Lakhs) for which my enrolment number is MTL-OB. I was initially paying Rs.30,000/- per month towards all three chits and till today as per the company records I have paid Rs.7,90,000/- (Rupees Seven Lakhs ninety Thousand only). I bid the amount in the month of October 2016 and their Finance Manager Mrs.Hemalatha requested me to collect the amount on 30.10.2016. However, till today I have been running around to their office everyday requesting them to make payments but they are evading my payments with one or the other reason. Mr.Rangaswamy recently informed me that the
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Company Directors have all recently invested all the chit amount in Real Estate and have no money to pay. The Company has cheated me of my hard earned money and have made illegal gains and wrongful loss to me. Hence I request your kind authority to take appropriate criminal actions against the Company Directors who have cheated me."
7. In Crime No.100/2017 of Malleshwaram Police Station, the complainant by name Geetha Priya has alleged as under:
" I was introduced to Prasiddhi Chit Funds Pvt. Ltd through a family friend who introduced me to Mr.Rangaswamy who is the Manager of the Company.
The Company had widely advertised that it was serving the community in cultivating saving habits through chit groups and helping them to meet their financial needs from 2005. Mr.Rangaswamy persuaded me in such a way that my amount will be secured in investing in Prasiddhi Chits and that I would be benefited with it. Mr.Rangaswamy persuaded me to visit their office and meet the Directors of their Company. I met their Directors i.e, Mr. Mahesh Prasiddhi, Mrs.Nirupa Mahesh and Mrs.Hemalatha their Finance Manager and Mrs.Rashmi Gowda, the Assistant Finance Manager and they convinced me theirs is the safest chit in entire Karnataka which has been approved by the Government. Believing their words I was left with no other options but to enrol myself in the above chit group. I have enrolled myself in one chit of Rs.3,00,000/- (Rupees Three Lakhs) for which his enrolment number as per the Company records is MTL-B and the said chit was for a period of thirty months. I was initially paying Rs.10,000/- per month towards the chit amount and till today as per the company records the Company had to pay Rs.2,80,000/- (Rupees Two Lakhs Eighty Thousand Only). I bid the chit amount in the month of September 2016 and their Finance Manager Mrs.Hemalatha requested me to collect the entire amount on
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30.10.2016. However, till today I have been running around to their office everyday requesting them to make payments but they are evading my payments with one or the other reason. I have approached the Company and met with their Directors several times who have always assured of making payments but never kept up with their words. I have been running around to their office everyday and the staff has several times abused me and even tried to manhandle me stating that the Company Directors have all recently invested all the chit amount in Real Estate and have no money to pay.
The Company has cheated me of my hard earned money and have made illegal gains and wrongful loss to me. The Company staff have abused me without even considering that I am a woman. Hence I request your kind authority to take appropriate criminal actions against the Company Directors who have cheated me."
8. The police after concluding the investigation have filed a separate charge sheets. A perusal of the averments in the complaint and the charge sheet show that, though the accused are one and the same and the matter pertains to chit amount paid by the respective complainants, who are cheated by the accused, the complainants/victims are not only different but even the transaction relates to different period. The police have conducted separate investigation in respect of both the cases and filed separate charge sheets. Multiple FIRs are
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not registered in respect of the same incident, receiving more information. Hence, the decisions relied on by the learned counsel for petitioners are not applicable to the facts of the present case. Filing different FIRs and different charge sheets, therefore, will not vitiate the entire proceedings. No grounds are made to quash the entire proceedings. Hence, the petitions are dismissed. I.A.No.1/2025 in both cases are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE
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