- 1 - NC: 2025:KHC-D:242 WP No. 106693 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 106693 OF 2024 (GM-RES) BETWEEN: 1. UMAPATHI S/O. SHYAMBIHARI TIWARI AGED ABOUT: 72 YEARS, R/O. 604, RUBY, REGENCY TOWER, OFF GHODBUNDER ROAD, BEHIND MUCHHALLA COLLEGE, KAVESAR, THANE, DIST. THANE, MAHARASHTRA STATE-400615. 2. PRASAN S/O. RAMJI SHAH AGED ABOUT 75 YEARS, R/O. MIG 72, 1ST FLOOR, OPPOSITE GOVT. GIRLS HIGH SCHOOL, VAISHALI NAGAR, SUPELABHILAI DURG, CHATTISAGARH-490023. 3. SOM S/O. DUTTA VYAS AGED ABOUT 83 YEARS, R/O. 45/D-07, VENUS APARTMENTS, R.G.THANDANI MARG, WORLI MUMBAI, DIST. MUMBAI-400018, MAHARASHTRA STATE. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:55 +0530 - 2 - NC: 2025:KHC-D:242 WP No. 106693 of 2024 4. M.S. SRI. RAM, S/O. MSS MANI, AGE. 75 YEARS, R/O. NR ORCHID, GARDENIA B004, MESTRIPALYA, THANISANDRA, KR PURAM HOBLI, JAKKUR, BANGALORE-560001. …PETITIONERS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: BADRINARAYAN LADDA AGE. MAJOR, PROPRIETOR M.S.SRINIDHI ROAD LINES, NO.345, KIRAN NIVAS, 1ST FLOOR, OPPOSITE AIR STATION, HOSPETE, DIST. VIJAYANAGAR-583201. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR DIRECTION OF APPROPRIATE NATURE OR AN ORDER REVERSING OR SETTING ASIDE THE ORDER DATED 30.08.2012 PASSED IN CC NO. 2033/2012 VIDE ANNEXURE-C ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, HOSAPETE, AND IN SO FAR AS IT PERTAINS TO PETITIONERS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:242 WP No. 106693 of 2024 ORAL ORDER 1. The petitioners herein are challenging the criminal proceedings initiated against them for offenses punishable under Sections 406, 409, 415, 418, and 420 of the Indian Penal Code. 2. The respondent filed a private complaint alleging that a contract was entered into with the petitioners for the supply of iron ore, and a security deposit was made by way of a cheque. It is further alleged that, despite the supply of the agreed quantity, the petitioners did not return the cheque but instead encashed it, thereby cheating the respondent. 3. Accused No. 2 had approached this Court in W.P. No. 104206/2022, and a Coordinate Bench of this Court, by order dated 26.03.2024, quashed the impugned proceedings insofar as they related to accused No. 2. The quashing was primarily based on three grounds: (i) the company, of which the accused was a director, was not made a party to the proceedings; (ii) after submission of the ‘B’ report, the learned Magistrate, without following the guidelines issued by this Court in its judgment in Dr. Ravikumar v. Mrs. K.M.C. Vasantha, rejected the ‘B’ report and took cognizance of the offenses; and (iii) the learned Magistrate, before taking cognizance, had not followed the mandatory provisions of Sections 190 and 204 of the Code of Criminal Procedure, 1973. - 4 - NC: 2025:KHC-D:242 WP No. 106693 of 2024 4. The petitioners/accused are similarly situated, and therefore, this writ petition should also be disposed of in terms of the order passed in the aforementioned writ petition.. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.2033/2012 pending on the file of the Additional Civil Judge & JMFC, Hosapete, insofar as it relates to accused Nos.3 to 6, the petitioners herein, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed of accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 25