- 1 - NC: 2025:KHC-D:434 CRL.P No. 101399 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101399 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: MOHAMMED ZAKARIYA S/O. ABDUL KARIM ATTAR, AGE. 55 YEARS, OCC. PRIVATE JOB, R/O. VEERBHADRA NAGAR, BELAGAVI– 590016. …PETITIONER (BY SRI. W.M.SHAHPURI AND SRI.M.M.JAMADAR AND SRI. I.M.SHAHPURI, ADVOCATES) AND: 1. STATE BY MALMARUTI P.S., BELAGAVI, REPRESENTED BY, HIGH COURT GOVT. PLEADER, OFFICE AT DHARWAD HIGH COURT, DHARWAD - 580011. 2. INAYAT S/O. SHAHABUDDIN FARAS AGE. 45 YEARS, OCC. BUSINESS, R/O. H.NO. 17, KHADE BAZAR, SHAHAPUR, BELAGAVI – 590003. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SOURABH HEGDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH ALL THE CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED IN CC NO.834/2016, PENDING ON THE FILE OF COURT OF JMFC-II, AT BELAGAVI, IMPUGNED COMPLAINT, FIR AND CHARGE SHEET REGISTERED BY MALMARUTI POLICE STATION, BELAGAVI, IN CONNECTION WITH THE CRIME NO.153/2013 FOR THE OFFENCES PUNISHABLE U/S 406, 408, 420 AND 201 OF IPC 1860. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.13 15:17:09 +0530 - 2 - NC: 2025:KHC-D:434 CRL.P No. 101399 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who is facing trial for the offences punishable under Sections 406, 408, 420 and 201 of the Indian Penal Code, 1860, is before this Court. 2. The case of the prosecution is that during the period 2007-2013, while the petitioner was working as the Manager of M/s Zamzam Weigh Bridge, owned by C.W.5, he allegedly misappropriated a sum of ₹18,78,666.67. It is alleged that the petitioner collected money from customers but failed to deposit the same with the owner. 3. Heard the learned counsel for the petitioner, the learned High Court Government Pleader for respondent No.1- State, and the learned counsel for respondent No.2. 4. It is alleged that the petitioner, while serving as the Manager of M/s Zamzam Weigh Bridge, misappropriated ₹18,78,666.67. The second respondent, claiming to be the Power of Attorney Holder of C.W.5, lodged the First Information Report (FIR) on 29.07.2013. A perusal of the FIR reveals that C.W.5, the owner of the weighbridge, became aware of the alleged - 3 - NC: 2025:KHC-D:434 CRL.P No. 101399 of 2022 misappropriation upon being informed by third parties that the petitioner had retained the money collected from customers. 5. Apart from the allegation of misappropriation, no documentary evidence has been produced to substantiate the charges against the petitioner. In the absence of any credible evidence to support the allegations, the continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 6. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.834/2016 pending on the file of the JMFC-II, Belagavi, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS/Ct:vh