- 1 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN CRIMINAL PETITION NO.5024 OF 2022 (482 (Cr.PC)/528(BNSS)) BETWEEN: 1. GVPR ENGINEERS LIMITED SAKALESHPURA DISTRICT HASSAN KARNATAKA-573134 HEAD OFFICE PLOT NO.739-A, ROAD NO.37 JUBILEE HILLS HYDERABAD-500033 TELENGANA, INDIA REPRESENTED BY PHILIPOSE MC DGM AND AUTHORISED EXECUTIVE. 2. SHIVA SHANKAR REDDY S/O GSP VEERA REDDY AGED 43 YEARS CHAIRMAN M/S GVPR ENGINEERS LTD DISTRICT HASSAN KARNATAKA-573134 HEAD OFFICE PLOT NO.739-A, ROAD NO.37 JUBILEE HILLS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 HYDERABAD-500033 TELENGANA, INDIA. 3. VEERASHEKAR REDDY S/O GSP VEERA REDDY AGED 41 YEARS MANAGING DIRECTOR M/S GVPR ENGINEERS LTD DISTRICT HASSAN KARNATAKA-573134 HEAD OFFICE PLOT NO.739-A, ROAD NO.37 JUBILEE HILLS HYDERABAD-500033 TELENGANA, INDIA. 4. PAVAN KUMAR S/O P V RAO AGED 38 YEARS PROJECT CO-ORDINATOR GVRP ENGINEERS LIMITED YETTINAHOLE PROJECT WORKS DISTRICT HASSAN KARNATAKA-573134 HEAD OFFICE PLOT NO.739-A, ROAD NO.37 JUBILEE HILLS HYDERABAD-500033 TELENGANA, INDIA. 5. PHILIPOSE MC S/O P CHACKO AGED 50 YEARS DGM AND AUTHORIZED EXECUTIVE GVPR ENGINEERS LIMITED'S - 3 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 YETTINAHOLE PROJECT WORKS DISTRICT HASSAN KARNATAKA. …PETITIONERS (BY SRI C.H. JADHAV, SENIOR COUNSEL FOR SRI. CHETHAN JADHAV, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SAKALESHPURA TOWN POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE. 2. NAVEESH PUTHRAN S/O NARAYAN H SALYAN AGED 57 YEARS GPA HOLDER OF M/S SHIC AND WCIC HARSHANAGARA INFRONT OF BOB, MULKI, R/O. KAVERIKUPE BALEGADDE EXT'S K. PURA TOWN MANGALORE CITY KARNATAKA-574 154. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP., FOR R.1; SMT. PREKSHA SHETTY BALAKRISHNA, ADVOCATE FOR R.2.) - 4 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE F.I.R. PENDING IN CRIME NO.68/2022 ON THE FILE OF CIVIL JUDGE (SR.DN.) AND J.M.F.C., SAKALESHPURA TOWN POLICE STATION AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420 READ WITH 34 OF INDIAN PENAL CODE, IN THE INTERESTS OF JUSTICE, ETC. THIS PETITION, COMING ON FOR ADMISSION THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioners have been awarded a contract by the State Government as part of Yettinahole project. The allegation made by the second respondent-complainant against the petitioners is that they outsourced the work to the second respondent, who has successfully completed the same. Inspite of it, the petitioners have not paid the amounts due to the second respondent which comes to a tune of Rs.1,20,55,219/-, and that the petitioners are liable to pay the amount to the second respondent along with interest. As the same has not - 5 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 been done, the second respondent has lodged a complaint with the first respondent- Police, who, in turn, registered an FIR in Crime No.68/2022 pending on the file of the Civil Judge (Sr.Dn.) and JMFC, Sakleshpura, Hassan, for the offences punishable under Sections 406, 420 read with 34 of IPC. 2. In the course of arguments, the second respondent has admitted that they have not initiated any recovery proceedings against the petitioners. The petitioners categorically submit that they are not liable to pay the second respondent any amount of money as alleged. However, the petitioners admit that there was a transaction between the petitioners and the second respondent and that the services of the second respondent was hired by the first petitioner -Company to do certain works in respect to the contract allotted to them. 3. The facts reveal that there is a monetary dispute between the petitioners and the second respondent, which has been given a criminal colour. The same cannot be permitted. 4. If the petitioners owe any amount to the second respondent, the second respondent is always at liberty to file - 6 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 necessary recovery proceedings against the petitioners in the manner known to law. 5. Further, the second respondent has alleged criminal breach of trust and cheating in respect to the same transaction, which is impermissible. As the mens rea in the case of cheating arises at the time of inducing a person to deliver property or do any service, while the mens rea in respect of criminal breach of trust arises at a later stage when there is misappropriation of the money. Even otherwise, a bare reading of the complaint reveals that a civil case between the petitioners and the second respondent has been given a criminal colour, in case, which, if allowed to continue will be an abuse of the process of law. 6. For the aforementioned reasons, the petition is allowed. The FIR registered in crime No.68/2022 pending on the file of the Civil Judge (Sr.Dn.) and JMFC, Sakaleshpura, Hassan, stands quashed. 7. It is hereby made clear that the quashing of the proceedings will not come in the way of the second respondent - 7 - HC-KAR NC: 2025:KHC:47015 CRL.P No. 5024 of 2022 enforcing any of his rights for recovery of money, if any, from the petitioners. 8. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 26