- 1 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO. 4363 OF 2023 C/W CRIMINAL PETITION NO. 1175 OF 2023 IN CRL.P No. 4363/2023 BETWEEN: 1. MR. GULAM MOHAMMED S/O. V.P. BAVA, AGED ABOUT 53 YEARS, R/AT RAZALIA, MUVANKARA, THAVANOOR, MALAPURAM DISTRICT, KERALA - 679 573. …PETITIONER (BY SRI. M.R.BALAKRISHNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY RAMAMURTHYNAGAR PS, BENGALURU. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 HIGH COURT BUILDING, BENGALURU - 560 001. 2. JOSEPH D'CRUZ FATHER NAME NOT KNOWN, AGED ABOUT 75 YEARS, R/AT NO.8, 4TH CROSS, B.CHANNASANDRA, RAMAMURTHYNAGARA, BANGALORE - 560 016. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. S. MUNIRAJU, ADVOCATE FOR R2(ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 05.08.2022 IN C.C.NO.55550/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC PASSED BY THE HON'BLE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT MAYOHALL, BENGALURU AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IS CONCERNED AND ETC., - 3 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 IN CRL.P NO. 1175/2023 BETWEEN: 1. NEDIYODATH HAMZA S/O MOHAMMED, AGED ABOUT 58 YEARS, RESIDING AT: NIDIYODATH HOUSE, VADANAKURISSI P.O., PALAKKAD, KERALA - 679 121. ...PETITIONER (BY SRI. MUHAMMAD SHAMIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY RAMAMURTHY NAGAR POLICE STATION, BANASWADI SUB DIVISION, BANGALORE - 560 043. REPRESENTED BY: THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE. 2. JOSEPH D CRUZ FATHER'S NAME IS NOT KNOWN TO THIS PETITIONER AGED ABOUT 75 YEARS, RESIDING AT NO.8, 4TH CROSS, B CHANNASANDRA, OUTER RING ROAD, - 4 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 RAMAMURTHYNAGAR, BENGALURU - 560 043. ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1; SRI. S. MUNIRAJU, ADVOCATE FOR R2(ABSENT)) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN C.C.NO.55550/2022 PENDING ON THE FILE OF THE 10TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND QUASH THE CHARGE SHEET FILED AGAINST THIS PETITIOENR FOR THE FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF THE INDIAN PENCAL CODE TO SERVE THE INTEREST OF JUSTICE AND EQUITY., THESE PETITIONS COMING ON FOR FURTHER HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 ORAL ORDER Crl.P.No.1175/2023 is filed by accused No.1 and Crl.P.No.4363/2023 is filed by accused No.2 in C.C.No.55550/2022, pending on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru. Respondent No.2 is the complainant. 2. The case of the complainant is that he supplied timber to accused No.1 and he was introduced to accused No.1 by accused No.2. However, accused No.1 did not pay him the necessary consideration. 3. Based on the complaint of the complainant, the State has filed a police report alleging that the accused are guilty of the offence under Section 420 of the Indian Penal Code, 1860 (for short, 'the IPC'). 4. The case of accused No.2 is that he only introduced accused No.1 to the complainant and they - 6 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 might have transacted amongst themselves and without any reason, false allegations have been made against him. 5. The case of accused No.1 is that he admits the fact that he received the necessary timber. But it is submitted that the timber was of inferior quality and hence, the same has been returned. It is also fairly submitted that the complainant filed a civil suit against accused No.1, which has been decreed in favour of the complainant. 6. The learned counsel appearing for respondent No.2 is absent. 7. The learned High Court Government Pleader, upon instructions, submits that there are no materials against accused No.2 and the transaction is only between accused No.1 and the complainant. It is further submitted that accused No.1 relies upon an e-way bill as evidence to show that he has sent back the timber to the complainant. - 7 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 However, the investigation has revealed that the said e- way bill is a bogus e-way bill. 8. Based on the aforementioned submissions of the respective counsel and the materials placed on record, it becomes clear that there is no case against accused No.2. However, with regard to accused No.1, whether he has sent back the timber or not is a matter of trial, more so, in the light of the decision of the trial Court passing a decree in favour of the complainant directing accused No.1 to pay him certain amounts. Hence, the following: ORDER i. Crl.P.No.4363/2023 is hereby allowed and consequently, the proceedings in C.C.No.55550/2022, pending on the file of the X Additional Chief Metropolitan Magistrate, Bengaluru, insofar as it relates to accused No.2 (petitioner in Crl.P.No.4363/2023) is quashed. - 8 - HC-KAR NC: 2025:KHC:50412 CRL.P No. 4363 of 2023 C/W CRL.P No. 1175 of 2023 ii. Crl.P.No.1175/2023 is hereby dismissed. Sd/- (M.I.ARUN) JUDGE CH, List No.: 1 Sl No.: 22