- 1 - HC-KAR NC: 2025:KHC:42518 CRL.P No. 1536 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 1536 OF 2021 BETWEEN: 1. SMT. JYOTHI K.N. D/O LATE NARAYANA GOWDA W/O C.N.SRIKANTH AGED ABOUT 45 YEARS 2. ANANTHARAMU K.N. S/O LATE NARAYANA GOWDA AGED ABOUT 44 YEARS 3. SRIKANTH C.N. S/O NINGE GOWDA AGED ABOUT 46 YEARS ALL ARE R/AT NO.C.H.31, 3RD CROSS 4TH MAIN, SARASWATHIPURAM MYSURU-570 009. …PETITIONERS (BY SRI. M.T.NANAIAH, SENIOR ADVOCATE FOR SMT. RACHITA NANAIAH M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SARASWATHIPURAM POLICE STATION MYSURU-570 009. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42518 CRL.P No. 1536 of 2021 REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560 001. 2. BASAVARAJU B.R. S/O REVANNA AGED ABOUT 35 YEARS R/A NO.59/A, B-23 S.B.M.COLONY SRIRAMPURA, 2ND STAGE MYSURU-570 023. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. K.R.KRISHNAMURTHY, ADVOCATE FOR R2) THIS CRL.P. IS FILED UNDER SECTION 482 OF THE CR.P.C. PRAYING TO QUASH THE FIR AND COMPLAINT IN CR.NO.10/2021 REGISTERED BY THE RESPONDENT POLICE/SARASWATHIPURAM POLICE, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 READ WITH 34 OF IPC, NOW THE CASE IS FORWARDED ON THE FILES OF HON'BLE III JMFC COURT, MALALAVDI, MYSURU CITY. THIS PETITION COMING ON FOR ADMISSION, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:42518 CRL.P No. 1536 of 2021 ORAL ORDER The criminal petition is filed with the following prayers: "WHEREFORE, the petitioners who are arrayed as Accused No.1 to 3 humbly prayed that this Hon'ble Court be pleased to quash the First Information Report and complaint in Crime No.10/2021 registered by the respondent police/Saraswathipuram Police, Mysuru for the offences punishable under Sections 420 read with 34 of Indian Penal Code, now the case is forwarded on the files of Hon'ble III JMFC Court, Malalavdi, Mysuru City, in the interest of justice." 2. The case of respondent No.2/complainant is that the petitioners formed one Amulya Multipurpose Souhardha Co- Operative Limited (a registered co-operative society). They advertised that they would be forming a layout and selling the sites. Believing their words, respondent no.2 made an application for allotment of a site and has paid a consideration of Rs.1,55,000/- so far. However, without allotting the site nor refunding the amount, the petitioners have cheated respondent no.2. Hence, he registered a complaint on 25.01.2021 with respondent no.1-Police. Aggrieved by the same, the present petition is filed. - 4 - HC-KAR NC: 2025:KHC:42518 CRL.P No. 1536 of 2021 3. The case of the petitioners is that, they admit formation of a society or formation of a layout and selling the sites as alleged by respondent no.2. However, they dispute the allegation that they received any money from respondent no.2. It is submitted, that it appears an employee of petitioners by name Madhukumar P. received money from respondent no.2 in his individual capacity and that he has cheated both respondent no.2 as well as the petitioners herein and hence the criminal proceedings should not continue against the petitioners herein. On the said ground it is prayed that further proceedings pursuant to Crime No.10/2021 be quashed. 4. Perusal of the records prima facie show that the petitioners advertised about they forming a society, forming a layout and selling sites. A brochure regarding the same is produced by respondent no.2, which is not disputed by the petitioners. Petitioners have produced copies of the bank receipts, which show that money has been deposited in the name of Madhukumar P. in his individual capacity. However, respondent no.2 has produced copies of the receipts said to be issued by the society for the amount paid and it is contented that money was paid as directed - 5 - HC-KAR NC: 2025:KHC:42518 CRL.P No. 1536 of 2021 by the society and because of which the receipts have been issued by the society and that the petitioners were aware of the said transaction and are liable for the consequences. Whether money was paid at the instance of the society managed by the petitioners or was clandestinely collected by one Madhukumar P. in the name of the petitioners' society and has cheated both the society as well as its customers including respondent no.2 herein as contented by the petitioners is a matter of trial. 5. As there are documents to show that amounts were received by the society said to have been formed by the petitioners from respondent no.2 herein, I do not see it to be a fit case to be quashed by exercising powers under Section 482 of Cr.P.C. For the aforementioned reasons, the petition is hereby dismissed. In view of dismissal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG