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2026 DAILYLAW 43634 (KAR)

M/S. JANATHA SEVA CO-OPERATIVE BANK LTD. v. THE STATE OF KARNTAKA

CRL.P/1104/2020 · 2026-09-30

H P Sandesh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010056822020 NC: 2026:KHC:54336 CRL.P No. 1104 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.1104 OF 2020 BETWEEN: 1. M/S. JANATHA SEVA CO-OPERATIVE BANK LTD. NO.14, RAJATHA BHAVAN, 1ST MAIN ROAD HAMPINAGAR 2ND STAGE, VIJAYANAGAR BENGALURU-560104 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER SMT. BAGHYA. …PETITIONER (BY SRI. NANDAN KUMAR R., ADVOCATE FOR SRI. LOKESH K.V., ADVOCATE) AND: 1. THE STATE OF KARNTAKA BY THE VIJAYNAGAR NAGAR POLICE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SRI. R. KUMAR S/O LATE L.A.RUDRACHAR AGED ABOUT 47 YEARS R/AT NO.438, 9TH CROSS 5TH MAIN, 9TH BLOCK VINAYAKA LAYOUT, NAGARBHAVI BENGALURU-560072 …RESPONDENTS (BY SRI. SUHAS GOWDA M., HCGP FOR R1; R2 SERVED [VIDE ORDER DATED 21.09.2026]) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010056822020 NC: 2026:KHC:54336 CRL.P No. 1104 of 2020 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 24.01.2020 PASSED BY HONBLE XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, IN PCR NO.1060/2020 AS PER ANNEXURE-A AND ALSO TO QUASH THE CONSEQUENTIAL FIR REGISTERED BY VIJAYNAGAR POLICE STATION IN CR.NO.21/2020 AS AGAINST THE PETITIONER PENDING BEFORE THE XXIV ADDITIONAL CMM COURT FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS423, 120-B, 419, 420, 465, 418, 417, 464 OF IPC AS PER ANNEXURE-C AND ALL THE ANCILLARY PROCEEDINGS THAT COMES OUT OF THE FIR AS AGAINST THE PRESENT PETITIONER. THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.P.SANDESH ORAL ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1. 2. This petition is filed in 2020 and records also disclose that PCR was filed and the same was received by the Court and directed to register the PCR on presentation of the PCR. The Court also passed an order perusing the averments made in the complaint and also documents enclosed in support of the complaint averments. It is contented that, in this case, huge amount was involved and accused persons, colluding together, committed the offences under Sections 417, 418, - 3 - HC-KAR CNR: KAHC010056822020 NC: 2026:KHC:54336 CRL.P No. 1104 of 2020 419, 420, 421, 422, 423, 464 and 465 read with Section 120(B) of IPC. As per the said documents, prima facie, it is the opinion of the Court that it appears that accused persons have committed the offence and cognizable offences are discloses in the complainant. Hence, invoked Section 156(3) of Cr.P.C. directing the Investigating Officer to investigate the matter and submit a report. This order is challenged before this Court. 3. The Court has to take note only whether the learned Magistrate while referring the matter under Section 156(3) of Cr.P.C. has applied his mind and having taken note of the contents of PCR and also the documents produced along with the complaint, invoked Section 156(3) of Cr.P.C. which is only a pre-cognizance order. When such application of mind was made by learned Magistrate while referring the matter under Section 156(3) of Cr.P.C., question of entertaining the petition does not arise. When the Trial Court looked into the contents of complaint and also the documents filed along with complaint and referred the matter for investigation, I do not find any grounds to quash the order of the Trial Court in - 4 - HC-KAR CNR: KAHC010056822020 NC: 2026:KHC:54336 CRL.P No. 1104 of 2020 referring the matter under Section 156(3) of Cr.P.C. to the Investigating Officer to investigate the matter and file report. Accordingly, the criminal petition is dismissed. Sd/- (H.P.SANDESH) JUDGE ST List No.: 1 Sl No.: 20