- 1 - HC-KAR NC: 2025:KHC:44581 WP No. 23635 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 23635 OF 2024 (GM-RES) BETWEEN: 1. S. BASHA, S/O. SIDDAIAH S.S, AGED ABOUT 40 YEARS, R/A NO.1, 2ND MAIN, A.K. COLONY, NEAR MUNESHWARA TEMPLE, L D BLOCK, GANGA NAGAR, BENGALURU NORTH, BENGALURU - 560 032. 2. AMMU, W/O. S BASHA, AGED ABOUT 37 YEARS, R/A NO.1, 2ND MAIN, A K COLONY, NEAR MUNESHWARA TEMPLE, L D BLOCK, GANGA NAGAR, BENGALURU NORTH, BENGALURU - 560 032. …PETITIONERS (BY SRI. MOHAN KUMAR G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY RT NAGAR POLICE REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001. 2. SRINIVAS, S/O. G.JANARDAN SWAMI, AGED ABOUT 50 YEARS, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44581 WP No. 23635 of 2024 R/A NO 43, 3RD CROSS, PAPANNA BLOCK, GANGANAGAR, RT NAGAR, BENGALURU - 560 032. …RESPONDENTS (BY SRI. JAGADEESH B.N, ADDL. SPP FOR R1; R2 - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC.528 OF CODE OF BNSS 2023 PRAYING TO QUASH THE FIR NO. 0222/2024 DTD 24.07.2024 ON THE FILE OF THE 8TH ADDL CMM COURT NRUPATUNGA ROAD BANGALORE CITY ANNEXURE-A REGISTERED BY THE RT NAGAR PS AGAINST THE PETITIONERS UNDER SECTION 318(4) OF THE BNS 2023, BY ALLOWING THE ABOVE PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners being aggrieved by the registration of the FIR, against them in Crime No.222/2024 at R.T.Nagar Police Station, Bangalore City, for the offence punishable under Section 318(4) of the BNS 2023, is before this Court seeking to quash the FIR. - 3 - HC-KAR NC: 2025:KHC:44581 WP No. 23635 of 2024 2. In the complaint lodged by respondent No.2, it is alleged that he is running Aditya Tools and Travels. Petitioner No.1-Sattal Pasha is known to him for the last 10 years and used to visit his office. On 16.07.2024, when he verified his account, he came to know that there was a shortage of cash of Rs.15,00,000/- in his account and therefore, he went to IDBI Bank, on 18.07.2024 and verified his account and at that time he came to know that Sattal Pasha had taken his cheque and by forging his signature had withdrawn a sum of Rs.15,00,000/- on 15.07.2024 and transferred the said amount to the account of his wife. 3. The learned counsel for the petitioners vehemently contended that as per complaint averments, petitioners came to know about the transfer of money from his account on 15.07.2024, but the complaint was lodged on 24.05.2024. He further contended that on 20.07.2024, petitioner No.2 issued a notice calling upon him to pay sum of Rs.8,30,000/- which was due and - 4 - HC-KAR NC: 2025:KHC:44581 WP No. 23635 of 2024 therefore, contented that prima facie the allegations are false and even otherwise the ingredients of the offence alleged in the complaint are not made out. 4. Learned Additional SPP has contended that though the date mentioned in the complaint is 24.05.2024, the FIR was registered on 24.07.2024, that is subsequent to the complainant coming to know about the transfer of sum of Rs.15,00,000/- from the account of petitioner No.2. 5. Clarifying the above submission, the learned counsel for the petitioners contended that from the endorsement made in the complaint, it is clear that the complainant has approached the police on 24.05.2024 itself and therefore, the averments in the complaint that on 16.07.2024, complainant noticed the transfer of amount from his account to the account of petitioner No.2 is not only false, but it is an attempt made by the - 5 - HC-KAR NC: 2025:KHC:44581 WP No. 23635 of 2024 complainant to implicate the petitioners, to avoid recovery of money due to petitioner No.2. 6. There is a considerable force in the arguments advanced by the petitioners. However, since the investigation is pending, the police shall investigate into the allegations made in the complaint and conduct a fair investigation. The concerned police shall take into consideration the above anomaly in mentioning the dates mentioned while conducting the investigation. If a final report is filed against the petitioners, it is open for them to challenge the same. With the above observation, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 15