- 1 - HC-KAR NC: 2026:KHC:1372 WP No. 29260 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 29260 OF 2019 (GM-RES) BETWEEN: SRI. JOS THOMAS, S/O THOMAS JOS A AGED ABOUT 45 YEARS, R/AT NO.68, 3RD CROSS, NANDANA NAGAR, NEAR ESKAY HOSPITAL, SHETTIHALLI BANGALORE NORTH, JALAHALLI WEST, BANGALORE - 560 015 …PETITIONER (BY SRI. VARUN SAI V., ADVOCATE FOR SRI. SACHIN B.S., ADVOCATE) AND: 1. GANESH KUMAR SHETTY S/O BALAKRISHNA SHETTY AGED: MAJOR, R/AT NO.10, SF-02TH MAIN, LAKE VIEW APARTMENT, NAGAR ISOR LAYOUT, BANGALORE-560037 2. STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION MAHADEVAPURA, BANGALORE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BANGALORE - 01 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R2 V/O. DT.01/08/25, NOTICE TO R1 H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1372 WP No. 29260 of 2019 CR.PC PRAYING TO QUASH ENTIRE PROCEEDINGS INITIATED IN CRIME NO.271/2019 REGISTERED BY THE R-2 POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 420 OF IPC IN PURSUANT TO THE COMPLAINT GIVEN BY THE R-1 AS PER ANNEXURE-A. AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioner being the accused in Crime No.271/2019 of Mahadevapura Police Station, registered for the offence punishable under Section 420 of IPC, is seeking to quash the criminal proceedings initiated against him. 2. Heard Sri Varun Sai V., learned counsel for Sri.Sachin B.S., learned counsel for the petitioner and Smt.Sowmya R., learned High Court Government Pleader for respondent No.2. Perused the materials on record. 3. In view of the rival contentions urged by learned counsel for both the parties, the point that would arise for my consideration is: - 3 - HC-KAR NC: 2026:KHC:1372 WP No. 29260 of 2019 "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Negative' for the following: REASONS 4. Respondent No.1 filed the first information as per Annexure-E on 31.05.2019 alleging that he is the General Manager of Surya Nissan Lakshmi Car Zone Pvt. Ltd. A Nissan Kicks Top End Model car was parked in the showroom, which was valued at Rs.18,60,000/-. The petitioner expressed his desire to purchase the car and paid Rs.2,00,000/-. He took away the car under the guise of performing pooja for the car. He promised to bring the balance consideration amount, but never returned the same nor paid the balance consideration amount and thereby he committed the offence of cheating. 5. It is contended by the learned counsel for the petitioner that, the car was given to him for promotional purpose. Admittedly, he is not having any document to justify his possession. It is contended that, there is inordinate delay in lodging the complaint as the same was lodged on 31.05.2019 - 4 - HC-KAR NC: 2026:KHC:1372 WP No. 29260 of 2019 even though the incident had occurred on 23.01.2019. But only on that ground, the criminal proceedings cannot be quashed. The matter is still at the stage of investigation. Therefore, the Investigating Officer is required to investigate the case and file the charge sheet, upon which, the Trial Court is required to consider the same, in accordance with law. 6. Since there are prima-facie materials to constitute the offence against the petitioner, he is not entitled for the relief of quashing the criminal proceedings initiated against him. Accordingly, I answer the above point in the 'negative' and proceed to pass the following: ORDER The Writ Petition is dismissed. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 9