- 1 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF APRIL 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101891 OF 2023 BETWEEN: PRABHAKAR @ PRABHU S/O. YANKAPPA, AGE: 36 YEARS, OCC: BUSINESS, R/O: KARUR SANTEPETE, TQ: SIRAGUPPA, DIST: BALLARI – 583 101. …PETITIONER (BY SRI. SANTOSH B. MALLIGAWAD & SRI. PRAKASHGOUDA N. HATTI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, MUNDGOD P.S. R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD – 580 008. 2. TIPPAYYA S/O. CHANNABASAYYA CHIKMATH, AGE: 45 YEARS, OCC: BUSINESS, R/O: PALA, MUNDAGOD, UTTARA KANNADA DISTRICT – 403 702. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; R2 – DECEASED. V/O DATED 07.01.2025 NOTICE TO LR’S OF DECEASED R2 IS DISPENSED WITH) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER ACCUSED NO. 2 IN CC NO. 50/2017 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, MUNDGOD FOR THE OFFFENCES PUNISHABLE UNDER SECTIONS 417, 406, 420, READ WITH 34 OF IPC, IN THE INTERESTS OF JUSTICE AND EQUITY. Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused No.2 praying to quash the entire proceedings in C.C. No.50/2017 pending on the file of the learned Civil Judge and JMFC, Mundgod, registered for the offences punishable under Sections 417, 406 and 420 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short). 2. Brief facts of the case are that, respondent No.2 has filed a complaint on 09.07.2015 alleging that on 23.01.2025, accused No.1-Ravikumar of Shiraguppa along with the petitioner/accused No.2 and one Raghuram of Kinnal (accused No.3) opened a shop at Pala village. The complainant supplied certain quantity of rice to the said persons, for which, the due amount was also paid by them. Thereafter, the complainant again supplied another 400 units of rice to the above said persons in February - 3 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 2015. It is promised by the accused persons that the said rice would be sent to various districts for sale and the consideration, for the said supply, will be paid within one month. Even after 15 days of supply, there was no response. The accused persons started to evade the complainant. Therefore, the complainant filed a complaint and it came to be registered in Mundgod Police Station Crime No.136/2015 for the aforesaid offences. The Police, after investigation, filed charge-sheet against the petitioners and others for the aforesaid offences. Based on the said charge sheet, a case came to be registered against the petitioner and other accused in C.C. No.50/2017 pending on the file of the learned Civil Judge and JMFC, Mundgod. The proceedings of the said criminal case are sought to be quashed by the petitioner/accused No.2 in this petition. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent No.1. - 4 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 4. Learned counsel for the petitioner would contend that, the allegation against the petitioner and other accused is that, they have not paid the amount/price of the goods purchased, to the complainant. He submits that, the said act does not amount to any offence. The dispute is of a civil nature and it is given a cloak of criminal offence. On that point, he placed reliance on the decision of the Hon’ble Apex Court in the case of Prof. R.K. Vijayasarathy and another v. Sudha Seetharam and another reported in (2019) 16 Supreme Court Cases 739. With this, he prayed for quashing of the proceedings of the said criminal case registered against the petitioner. 5. Learned AGA would contend that the petitioner and other accused cheated the complainant and other victims i.e., CWs.10 to 13 by not making payment of the goods purchased from them. He submits that the charge- sheet material show prima facie case against the petitioner and other accused for the offences alleged against them. With this he prayed for dismissal of the petition. - 5 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 6. Having heard the learned counsel, the Court has perused the charge-sheet material. 7. The act alleged against the petitioner and others accused in the charge-sheet is that, the accused persons purchased paddy and pesticides from respondent No.2 and others and did not make payment in respect of the same to the complainant and others. The allegation is of a civil nature with regard to non-payment of price of the goods purchased. The said civil dispute is given a cloak of criminal offence. The Hon’ble Apex Court in the case of Prof. R.K. Vijayasarathy (supra) has quashed the criminal proceedings on the ground that, attempt to cloak a civil dispute with a criminal nature despite absence of ingredients necessary to constitute criminal offence. 8. In the case on hand, the act of the accused persons with regard to non-payment of price of the goods purchased, will not amount to any offence alleged against them. Therefore, the proceedings against the - 6 - NC: 2025:KHC-D:6036 CRL.P No. 101891 of 2023 petitioner/accused No.2 is an abuse of process of law and requires to be quashed. Accordingly, the appeal is allowed. The proceedings against the petitioner/accused No.2 in C.C. No.50/2017 pending on the file of the learned Civil Judge and JMFC, Mundgod, are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE kmv CT-ASC