- 1 - HC-KAR NC: 2025:KHC:46990 CRL.P No. 15354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15354 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: M/S. TIPPU CO-OPERATIVE SOCIETY LTD., 1ST CROSS, NEW MANDIPETE, TUMAKURU 572 101, REPRESENTED BY ITS SECRETARY, MR.MAZHAR PASHA. …PETITIONER (BY SRI. RAMESH K R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY TUMAKURU TOWN POLICE STATION, TUMAKURU, BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU 560 001. 2. MR. KALEEM PASHA S/O LATE MOHAMMED AMEER, AGED MAJOR, NO. 1816, 1ST A CROSS, S S PURAM, TUMAKURU 572 101, PRESENTLY RESIDENT AT C/O MILITARY RANGAPPA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:46990 CRL.P No. 15354 of 2025 NEAR INDIRA COLLEGE, UPPARAHALLI, TUMAKURU 572 102. …RESPONDENTS (BY SRI. B N JAGADEESHA, ADDL.SPP, FOR R1) THIS CRL.P IS FILED UNDER SECTION 482(FILED U/S.528 BNSS) CR.P.C TO QUASH THE IMPUGNED ORDER DATED 04.10.2025 PASSED BY THE LEARNED PRINCIPAL SENIOR CIVIL JUDGE AND CJM, TUMAKURU IN CRIME NO.55/2018 OF TUMAKURU TOWN POLICE STATION AT ANNEXURE D AND THEREBY RESTORE THE PROCEEDINGS IN CRIME NO.55/2018 WITH A DIRECTION TO THE TRIAL COURT TO DISPOSE OF THE SAME IN ACCORDANCE WITH LAW AFTER GIVING OPPORTUNITY TO THE PETITIONER TO RECORD SWORN STATEMENT AND OPPORTUNITY OF BEING HEARD TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, de facto complainant has alleged that respondent No.2/accused was working as secretary in the complainant society during 2008-09, during which time, he misappropriated a sum of Rs.11,000/-. In this connection, - 3 - HC-KAR NC: 2025:KHC:46990 CRL.P No. 15354 of 2025 case was registered before the Deputy Registrar of Co- operative Society, which ordered on 27.03.2015 that the said amount shall be paid by the accused with 12% interest. The said order was also confirmed by the Karnataka Appellate Tribunal in Appeal No.157/2015. It is alleged that inspite of the same, the accused has not paid the said amount and thereby committed cheating, criminal breach of trust etc., 2. Learned counsel for petitioner has contended that challenging the B report submitted by the Police, petitioner filed a protest petition, however, learned Magistrate vide impugned order dated 04.10.2025 has closed the case, by accepting the B report. He further contended that public money is involved in this case and therefore, the trial Court ought not to have accepted the B report and closed the case. 3. The offence is alleged to have been committed by the accused in the year 2008-09. The complaint was - 4 - HC-KAR NC: 2025:KHC:46990 CRL.P No. 15354 of 2025 lodged in the year 2018. The allegations are that petitioner while working as secretary in the society during 2008-09 misappropriated a sum of Rs.11,000/-, while amount was directed to be paid with 12% interest by the Deputy Registrar of Cooperative Society, Tumakur and the same was confirmed by the Karnataka Appellate Tribunal, but the said amount was not paid. 4. If there was a direction to refund the amount with 12% of interest, the petitioner could have proceeded against respondent No.2/accused in accordance with law, to recover the amount. However, setting criminal law into motion after an inordinate delay alleging cheating and criminal breach of trust is an abuse of process of law. Furthermore, the police after conducting a through investigation have filed a B report. No doubt, the petitioner has filed the protest petition, however, impugned order shows that the petitioner has remained absent before the trial Court and inspite of several adjournments there was no representation from - 5 - HC-KAR NC: 2025:KHC:46990 CRL.P No. 15354 of 2025 02.08.2024, date on which the matter was posted for recording the sworn statement of the complainant. Vide order dated 04.10.2025, the learned Magistrate has closed the case, accepting the B-report. No grounds are made out to interfere with the impugned order. Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE ASN List No.: 1 Sl No.: 15