- 1 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO.232 OF 2025 BETWEEN: 1. SAPIYA K P W/O ASKAR PASHA, AGED ABOUT 52 YEARS, NO.3/89, COPS ROAD, 4TH BLOCK, PATEL NAGARA, VIRAJPET TALUK, GONIKOPPA, VIRAJPET, KODAGU, KARNATAKA - 571 213. 2. MASUDA K P W/O SALIM, AGED ABOUT 43 YEARS, CHANNANGI ROAD, VIRAJPET TALUK, CHANNAYAN KOTE, CHENNAYANAKOTE KODAGU, KARNATAKA - 571 215. …PETITIONERS (BY SRI. SHRIVATSA, ADVOCATE) AND: 1. STATE BY SIDDAPURA P.S., REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE - 01. 2. MR. SUBRAMANI M. K., S/O LATE KAVERAPPA, AGED ABOUT 56 YEARS, MEKURU KOSKERI, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 VILLAGE, POLIBETTA, VIRAJPET, TQ. KODAGU, KARNATAKA - 571 213. …RESPONDENTS (BY SRI. M.R.PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C. NO.487/2020 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 409, 419, 420 R/W. 34 OF INDIAN PENAL CODE, REGISTERED BY THE 1ST RESPONDENT POLICE AGAINST THE PETITIONERS, WHICH IS PENDING ON THE FILE OF THE LEARNED PRL. CIVIL JUDGE AND J.M.F.C., VIRAJPET. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, who are arrayed as accused Nos.4 and 5, are now charge-sheeted with other accused for the offence punishable under Sections 409, 419, 420 read with Section 34 of IPC registered by respondent No.1. 2. The gist of the prosecution case is that accused Nos.1 and 2, in collusion with accused Nos.3 to 8, - 3 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 conspired and obtained a loan from the Co-operative Bank by pledging fake golden ornaments as security. On the basis of this allegation, a case came to be registered in Crime No.0160/2018. After completion of the investigation, the Investigating Officer has filed a charge sheet against the present petitioners along with the other accused, thereby subjecting them to criminal prosecution for the offences alleged. 3. The petitioners, by filing the present petition, seek to quash the proceedings primarily on two grounds. Firstly, it is contended that the alleged incident is said to have taken place between 2014 and 2017, whereas the complaint was registered only in 2018, thereby indicating an unexplained delay in lodging the complaint. Secondly, it is contended that although the Investigating Officer has submitted a charge sheet and the learned Magistrate has taken cognizance on 08.07.2020, the case has not progressed further inasmuch as charges have not yet been framed against the accused persons. On this basis, it is - 4 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 urged that there are no sufficient materials in the charge sheet warranting continuation of the criminal proceedings, and hence, a full-fledged trial would amount to abuse of process of law. 4. This Court, however, finds no merit in the contentions urged. The plea of delay in lodging the complaint cannot, by itself, be a ground to quash the proceedings under Section 482 of the Cr.P.C., particularly when the allegations disclose the commission of a cognizable offence. The question whether the delay in filing the complaint is justified or whether it affects the credibility of the prosecution case is a matter to be assessed during trial on appreciation of oral and documentary evidence, and not at the stage of quashing. Similarly, the fact that charges are yet to be framed despite cognizance having been taken does not render the proceedings invalid or vitiated. Procedural delay cannot be treated as a ground to nullify a prosecution when serious allegations are made. - 5 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 5. The materials collected during investigation and produced along with the charge sheet prima-facie disclose that the petitioners, in active collusion with the co-accused, have pledged fake golden ornaments with the Co-operative Bank to secure loans. Such allegations, if ultimately proved, constitute a grave economic offence which not only cheats the bank but also undermines the faith of the public in financial institutions. Furnishing fake ornaments to secure loans is an act with serious legal and financial ramifications. At this stage, when the charge sheet discloses sufficient material connecting the petitioners to the alleged acts, this Court cannot embark upon a roving inquiry to test the sufficiency or veracity of evidence. 6. In the considered opinion of this Court, the grounds urged in the petition are vague and general in nature and do not specifically demonstrate that the allegations in the charge sheet are inherently improbable or absurd. The contention of the petitioners that the - 6 - HC-KAR NC: 2025:KHC:32039 CRL.P No. 232 of 2025 proceedings are liable to be quashed lacks substance, as the issues raised are all triable matters to be examined in the course of the trial. 7. Accordingly, this Court is of the view that the petitioners have failed to make out a case for exercise of inherent jurisdiction under Section 482 of the Cr.P.C. They are required to face trial and put forth their defence before the Trial Court. Hence, the petition is dismissed. Since the petition is dismissed, I.A.No.1/2025 does not survive for consideration and the same is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 13