- 1 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 9778 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. BASAVALINGAPPA S/O KARIYAPPA, AGED ABOUT 48 YEARS, R/AT NO.40, 2ND MAIN, 2ND CROSS, RUKMININAGARA, NAGASANDRA POST, BENGALURU-560073. 2. SMT. PARIJATHA W/O BASAVALINGAPPA, AGED ABOUT 38 YEARS, R/AT NO.40, 2ND MAIN, 2ND CROSS, RUKMININAGARA, NAGASANDRA POST, BENGALURU-560073. 3. SRI. JAYANNA S/O LATE HONAPPA, AGED ABOUT 64 YEARS, NO.1450, 3RD CROSS, SUBHASHNAGARA, NELAMANGALA, BENGALURU RURAL DISTRICT-562123. …PETITIONERS (BY SRI. VENKATESHA, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 AND: 1. THE STATE OF KARNATAKA THROUGH RMC YARD POLICE, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560001. 2. SRI.A.PUTTASWAMY S/O LATE ARAVIAH, AGED ABOUT 71 YEARS, R/AT NO.164, I MAIN, 4TH CROSS, KAVIKA LAYOUT, MYSORE ROAD, BENGALURU-560026. …RESPONDENTS (BY SMT.N.ANITHA GIRISH, HCGP FOR R1; SRI.AJAY KUMAR PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE RESPONDENT AGAINST THE PETITIONERS IN FIR IN CR.NO.6/2019 NOW REGISTERED IN C.C.NO.1819/2023 PENDING ON THE FILE OF THE III A.C.M.M AT BENGALURU VIDE ANNEUXRE-A AND THIS CRL.P BE ALLOWED WITH COST THROUGHOUT. THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 3 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 ORAL ORDER The petitioners who are arraigned as accused Nos.1 to 3 have filed this petition under Section 482 Code of Criminal Procedure to quash criminal proceedings initiated against them in CC No.1819/2023 (PCR No.14980/2018) arising out of Cr.No.6/2019 of respondent No.1 i.e., R.M.C yard police, for the for the offences punishable under Sections 406 and 420 of IPC. 2. For the sake of convenience, the parties are referred to by their ranks before the trial Court. 3. In support of the petition, accused Nos.1 to 3 have contended that complainant filed a complaint in PCR No.14980/2018 making false allegations and claiming that a sum of Rs.19,90,000/- is due from accused No.2, that he had borrowed a sum of Rs.1,00,000/- from accused No.1 and issued a signed blank Cheque No.290039751830 drawn on Syndicate bank, CHBS Layout Branch, Vijayanagar- Bengaluru, accused Nos.1 to - 4 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 3 have misused the said cheque. The said complaint was referred to concerned police. On investigation a "B report" came to be filed on 02.11.2019. Complainant challenge the same. Vide order dated 12.01.2023 the trial Court set aside the B report and ordered for registering the case against accused No.1 to 3 for the offences punishable under Sections 406 and 420 of IPC. Aggrieved by the same, this petition is filed on the following: GROUNDS i) The registering of FIR against the accused is contrary to law and facts. Earlier Complainant and his son filed a complaint against accused No.2 in Cr.No.108/2017 making similar allegations and charge sheet came to be filed CC No.28160/2017 on the file of 9th ACMM. In that case, accused No.2 filed discharge application. It came to allowed on 19.11.2021 and accused No.2 is discharged. - 5 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 ii) Complainant is due and liable to pay a sum of Rs.5 lakhs to accused No.2 and she has filed O.S.No.2631/2018 for recovery of the said amount. In order to escape from the said liability, complainant is filing one after other complaint. There is not even a single peace of documents to prove the allegations against the accused persons. iii) In fact complainant and his son filed suit in OS No.321/2019 for recovery of a sum of Rs.19,90,000/- before the commercial Court and after contest, it came to be dismissed. iv) Only after receiving the summons in O.S.No.2631/2018 after laps of more than two years complaint has filed a present complaint which is bared by limitation. v) The allegation made in the complaint are the defence of complainant which she is at liberty to take in the suit filed against him. The dispute is civil in nature and therefore continuation of the - 6 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 criminal proceedings would amount to abuse of the process of the Court. 4. In support of his arguments, learned counsel for accused has relied upon the following decisions: i) Sri.A.Puttaswamy Vs. Smt.Praijatha and Anr. (A.Puttaswamy)1 ii) Dr.K.V.K Rao Vs. State of Chattisgarh through SP, Raipur and others (Dr.K.V.K. Rao)2 5. On the other hand learned counsel for respondent No.2/complainant would submits that complainant is a retired BWSSB employee. Accused No.1 is working as a constable and running a travel agency. Accused No.3 is working as ASI. He is friend of accused No.1. Accused Nos.1 and 2 are wife and son of accused No.3. 5.1 Accused Nos.1 and 2 and the son of complainant Puneeth Kumar were running a travel business by name Sai tours and travels. In this regard, 1 Crl.RP.No.117/2022 Dt.02.04.2024 2 CrMP No.402/2022 Dt. 08.05.2025 - 7 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 some agreement and memorandum are entered into between them. On the inducement of accused No.1, complainant and his son Puneeth Kumar joined hands with accused No.2 in their business. However due to the mismanagement by accused No.2 the said business was closed and in this regard accused No.2 was in due a sum of Rs.19,90,000/- to the complainant and his son Puneeth Kumar. 5.2 The learned counsel for the complainant would further summits that complainant had borrowed a sum of Rs.1 lakhs from accused No.3 through accused No.1. On the insistence of accused No.1, complainat issued a blank singed cheque No.290039751830. Complainant has repaid the entire loan of Rs.1 lakhs with interest. However, accused No.3 failed to return the cheque despite repeated request and demand. In this regard, complainant has filed complaint against accused Nos.1 to 3. Accused No.2 has filed suit in O.S.No.2631/2018 for recovery of Rs.5 lakhs by misusing the said cheque. - 8 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 When accused Nos.1 and 2 were due in sum of Rs.19,90,000/- to the complainant, question of he borrowing Rs.5 lakhs from accused No.2 would not arise. Accused Nos.1 to 3 are guilty of offences punishable under Sections 406 and 420 of IPC. Even though complainant filed complaint with the police on 22.09.2016 and Additional Commissioner of police 24.09.2018 they have not taken any steps. 5.3 Learned counsel for the complainant would further submits that without any alternative a private complaint is filed in PCR.No.14980/2018. It was referred to the concerned police for investigation and it was registered in Cr.No.6/2019 of R.M.C Yard PS. However, after investigation the concerned police filed 'B' report. Against it complainant filed protest petition. After hearing both sides, vide order dated 14.02.2020, the trial Court rejected the 'B' report. After considering the sworn statement of the complainant and witnesses, vide order dated 12.01.2023 the trial Court has order for registering - 9 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 the case. There is prima facie material to proceed against the accused persons and pray to reject the petition. 6. In support of his arguments, learned counsel for respondent/complainant has relied upon the decision in Dr.Ravikumar Vs. Mrs. K.M.C. Vasantha and Anr. (Dr.Ravikumar)3 7. Heard arguments and perused the record. 8. The averments put forth by the both parties indicates that complainant and his son joined accused No.2 in her tours and travel business and some agreement and memorandum came to be executed. Complainant has alleged that accused No.2 was due in a sum of Rs.19,90,000/-. In fact he filed commercial suit in Com.OS.No.321/2019 on the file of LXXXII Addl. City Civil and Sessions Court, Bengaluru, for recovery of Rs.20 lakhs with future interest at 18% p.a from accused No.2. However, the said suit came to dismissed with cost on 3 ILR 2018 KAR 1725 - 10 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 27.06.2023. In the said suit a full fledge trial is held wherein on behalf of the complainant 4 witnesses are examined as PWs-1 to 4 including the complainant and Ex.P1 to 16 are marked. Similarly, accused No.2 is examined as DW-1 and Ex.D1 to 6 are marked. 9. Alleging that by not returning a sum of Rs.19,90,000/-, accused No.2 has cheated him, complainant filed a complaint against accused No.2 in Cr.No.108/2017 of RMC Yard PS. After investigation, the concerned police have filed charge sheet in C.C.No.28610/2017 for the offences punishable under Section 420 of IPC. However, accused No.2 filed application under Section 239 of Cr.PC. Vide order dated 19.11.2021, it came to be allowed and accused No.2 is discharged. Complainant unsuccessfully challenged the said order in Cr.R.P.No.117/2022 before the Sessions Court which came to be dismissed on 02.04.2022. - 11 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 10. The 'B' report filed the concerned police indicate that after conducting detailed investigation, it came to be conclusion that matter in civil in nature parties are get the decided by the Civil Court. 11. It is relevant to note that accused No.2 has filed a suit in O.S.No.2631/2018 for recovery of Rs.5 lakhs from the complainant on the ground that it was the amount borrowed by him and cheque No.751830 was issued and he has failed repay the same. The said suit is pending. 12. In respect of the same allegations that cheque given by him was misused and Rs.5 lakhs is claimed by accused No.2, complainant had filed the present complaint. The same issue is involved in O.S.No.2631/2018 and it is for the complainant to establish that there was never any loan transaction between him and accused No.2 and that cheque in question was issued to accused No.3 and it is being - 12 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 misused by accused No.2. The dispute between the parties is purely civil in nature. When suit is pending involving the same issue, the complainant is required to prove his defence there. In the light of discharge of accused No.2 in Crl.No.108/2017 and dismissal of suit filed by the complainant in Com.O.S.No.321/2019 based on similar allegations, the continuation of the criminal proceedings against accused Nos.1 to 3 would amount to abuse of the process of the Court and such liable to be quashed and accordingly, the following: ORDER (i) Petition filed by the petitioners/accused Nos.1 to 3 under Section 482 Cr.P.C is hereby allowed. (ii) The criminal proceedings initiated against the petitioners/accused Nos.1 to 3 in CC No.1819/2023 (PCR No.14980/2018) arising out of Cr.No.6/2019 of respondent - 13 - HC-KAR NC: 2025:KHC:38354 CRL.P No. 9778 of 2023 No.1 i.e., R.M.C yard police, for the for the offences punishable under Sections 406, 420 of IPC is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial court through e-mail. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 33