- 1 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102526 OF 2024 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 102305 OF 2024 CRIMINAL PETITION NO. 102340 OF 2024 IN CRL.P. NO.102526 OF 2024: BETWEEN: 1. SHRI. BHUPATRAI S/O. MANSUKHLAL PREMJI AGE. 74 YEARS, OCC. ADDITIONAL DIRECTOR, R/O. BC 105, HAVELOCK ROAD, CANTONMENT, BELAGAVI-590001, PRESENT RESIDENTIAL ADDRESS: 34 JLN SETIABAKTI 8, BUKIT DAMANSARA KUALA LUMPUR, MALAYSIA-50490. 2. SHRI. DEEPAK MANERIKAR S/O. MADHAV MANERIKAR, AGE. 47 YEARS, OCC. COMPANY SECRETARY, R/O. FLAT NO.2005, RIDDHI SIDDHI APARTMENT, R A KIDWAJ ROAD, AMULKH AMICHAND SCHOOL, MATUNGA EAST, MUMBAI-400019, STATE MAHARASHTRA. 3. SHRI. SUNIL RANKA S/O. RATANLAL RANKA AGE. 62 YEARS, OCC. CHIEF FINANCIAL OFFICER, R/O. FLAT NO.101, OM NAVKAR CHS, K.D.MARG, NEAR RASRAJ HOTEL, VILEPARLE WEST, MUMBAI-400056, STATE MAHARASHTRA. …PETITIONERS (BY SRI. SANDESH CHOUTA, SENIOR COUNSEL FOR SRI. SANTOSH B.MALAGOUDAR, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:28 +0530 - 2 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 AND: 1. THE STATE OF KARNATAKA THROUGH PSI KUDACHI POLICE STATION, REPTD BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. SRI. SHIVAGOUDA PATIL S/O. BASAGOUDA PATIL AGE. 44 YEARS, OCC. AGRICULTURE AND ADVOCATE, R/O. BASTAVADA VILLAGE, TAL. RAYABAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT DATED 28.12.2020 AND FIR IN CRIME NO.145/2020 DATED 29.12.2020 REGISTERED BY KUDACHI POLICE STATION FOR OFFENCES PUNISHABLE U/S 465, 468, 471, 420 OF IPC, PENDING ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND JMFC COURT, RAIBAG, IN RESPECT OF THE PETITIONERS/ACCUSED NOS.3 TO 5 ARE CONCERNED. IN CRL.P. NO.102305 OF 2024: BETWEEN: SHRI. BHARATKUMAR MEHTA S/O. VALLABHADAS MEHTA, AGED 74 YEARS, OCC. INDEPENDENT DIRECTOR (NON EXECUTIVE DIRECTOR), R/O. A/104 , PRABHU APARTMENT, RAJAWADI ROAD NO.1, NEAR RAJAWADI POST OFFICE, GHATKOPAR EAST, MUMBAI, STATE MAHARASHTRA-416707. …PETITIONER (BY SRI. SANDESH CHOUTA, SENIOR COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) - 3 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 AND: 1. STATE OF KARNATAKA THROUGH KUDACHI POLICE STATION, DIST. BELAGAVI, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SHRI. SHIVAGOUDA PATIL S/O. BASAGOUDA PATIL @ BASANAGOUDA PATIL, AGED 44 YEARS, OCC. AGRICULTURE AND ADVOCATE, R/O. BASTAVADA VILLAGE, TQ. RAYABAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SHIVARAJ S.BALLOLI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT DATED 28.12.2020, FIR IN CRIME NO. 145/2020 DATED 29.12.2020 REGISTERED BY KUDACHI POLICE STATION, KUDACHI, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, RAIBAG FOR OFFENCE P/U/SEC. 465, 468, 471, 420 OF IPC IN RESPECT OF THE PETITIONER/ ACCUSED NO.2. IN CRL.P. NO.102340 OF 2024: BETWEEN: ATUL CHATURVEDI S/O. LEKENDRANATH CHATURVEDI, AGE. 69 YEARS, OCC. CHAIRMAN, R/O. B/11, SHAKTI ENCLAVE, OPP. PUSHPARAJ TOWER, NEAR JUDGES BUNGLOW ROAD, VASTRAPUR AHMEDABAD, STATE. GUJARAT-380015. …PETITIONER (BY SRI. SANDESH CHOUTA, SENIOR COUNSEL FOR SRI. AVINASH M.ANGADI, ADVOCATE) - 4 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 AND: 1. STATE OF KARNATAKA THROUGH KUDACHI POLICE, DIST. BELAGAVI, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. 2. SHRI. SHIVAGOUDA PATIL S/O. BASANAGOUDA PATIL, AGED. 44 YEARS, OCC. AGRICULTURE AND ADVOCATE, R/O. BASTAVADA VILLAGE, TQ. RAIBAG, DIST. BELAGAVI-591317. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SHIVARAJ S.BALLOLI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE COMPLAINT DATED 28.12.2020, FIR IN CRIME NO. 145/2020 DATED 29.12.2020 REGISTERED BY KUDACHI POLICE STATION, KUDACHI, PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, RAIBAG FOR OFFENCE PUNISHABLE U/S 465, 468, 471, 420 OF IPC IN RESPECT OF THE PETITIONER/ ACCUSED NO.1 HEREIN. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. In all these petitions, the petitioners challenge the registration of the FIR for offences punishable under Sections 465, 468, 471, and 420 of the Indian Penal Code. - 5 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 2. Respondent No.2, in all these petitions, lodged the first information report stating that the petitioners fabricated documents to obtain loans from ICICI Bank by using his two savings bank accounts. It is alleged that the petitioners fabricated documents to open loan accounts in the complainant’s name in 2018 and repaid the loan amount in 2019, thereby affecting his CIBIL score. 3. Sri Sandesh Chouta, learned senior counsel representing the petitioners, argued that there is no prima facie evidence to substantiate the allegation that the petitioners fabricated documents to open a loan account in the complainant’s name. In the absence of any substantial evidence, the continuation of the criminal proceedings would be an abuse of the process of law. 4. He further submitted that although the FIR was registered on 29.12.2020, the investigation had not been completed till the date of filing these petitions. Therefore, an inordinate delay, if not reasonably explained, could be fatal to the prosecution’s case. 5. In support of his contention, he placed reliance on the decision of the Supreme Court in Ravindranatha Bajpe vs. Mangalore Special Economic Zone Limited. 6. In response, learned counsel for Respondent No.2 argued that the allegations made in the FIR disclose the commission of a cognizable offence. Therefore, the veracity of the - 6 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 allegations requires investigation, and at this stage, the investigation cannot be interfered with. 7. The arguments of the learned counsel for the parties have been duly considered. 8. A perusal of the first information report indicates that the Respondent No.2 has two bank accounts in ICICI Bank. It is further alleged that the petitioners, along with others, fabricated documents and impersonated the complainant to open two loan accounts in 2018–2019 and belatedly repaid the loan amounts in 2019–2020, thereby affecting his CIBIL score. The Petitioners are all the Chairman/ Directors / Officers of a company, and are all residing outside the State of Karnataka. However, except for making omnibus general allegations against the petitioners, there is no specific overt act detailing how and in what manner each of the accused connived with each other, fabricated documents, and impersonated the complainant to open loan accounts in his name. In the absence of any specific overt act or substantial evidence to substantiate the allegations against the petitioners, the registration of the FIR lacks substance, and the continuation of the investigation would amount to an abuse of the process of law. 9. Accordingly, the petitions are allowed. The impugned first information report in Crime No.145/2020, registered by Kudachi Police Station, insofar as it relates to the petitioners/accused, is hereby quashed. - 7 - NC: 2025:KHC-D:3540 CRL.P No. 102526 of 2024 C/W CRL.P No. 102305 of 2024 CRL.P No. 102340 of 2024 10. The Investigating Officer is directed to proceed against the other accused in accordance with the law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC List No.: 2 Sl No.: 9