Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 4891 (KAR)

BAJAJ FINANCE LIMITED v. STATE OF KARNATAKA

WP/24751/2023 · 2026-04-17

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24751 OF 2023 (GM-RES) C/W CRIMINAL PETITION NO. 13920 OF 2025 (482 CR.P.C/528 BNSS) IN WRIT PETITION. NO. 24751 OF 2023 BETWEEN: BAJAJ FINANCE LIMITED, A COMPANY REGISTERED UNDER THE PROVISIONS OF COMPANIES ACT, 1956, REGISTERED OFFICE AT MUMBAI-PUNE ROAD, AKURDI, PUNE – 411 035. MAHARASHTRA, REPRESENTED BY ITS MANAGING DIRECTOR, MR. SANJIV BAJAJ, AGED ABOUT 53 YEARS, S/O RAHUL BAJAJ. …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY STATION HOUSE OFFICER, HARIHARA TOWN POLICE STATION, HARIHARA CIRCLE, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 NEW BHARAMURI, GANDHI NAGAR, HARIHAR – 577 601. 2. MR. G.M. NAVEEN, AGED ABOUT 29 YEARS, S/O MANJUNATH, RESIDENT OF 1ST MAIN, 20TH CROSS, PRASHANTH NAGAR, HARIHARA – 577 601. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. SIDDALINGASWAMY B.M, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973 PRAYING TO CALL FOR ENTIRE RECORDS IN C.C.NO 452/2023 FROM THE FILES OF I ADDL. CIVIL JUDGE AND JMFC, HARIHARA AND QUASH THE ORDER DATED 01.06.2023, PASSED IN C.C.NO. 452/2023, BY I ADDL. CIVIL JUDGE AND JMFC, HARIHARA, TAKING COGNIZANCE AND ISSUING SUMMONS, CONCERNING THE PETITIONER (AT ANNEXURE-B) AND ETC., IN CRIMINAL PETITION NO. 13920 OF 2025 BETWEEN: MR. SANJIVANAYAN BAJAJ, (WRONGLY MENTIONED AS SANJIV BAJAJ IN C.C.NO.3208/2025) AGED ABOUT 55 YEARS, S/O. RAHULKUMAR BAJAJ, RESIDING AT: PLOT NO. 59, LANE 3, KOREGAON PARK PUNE, MAHARASHTRA – 411 001. …PETITIONER (BY SRI. MANU PRABHAKAR KULKARNI, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 AND: SHRI. NATARAJ U, SON OF MANJUNATH U.H. AGED ABOUT 53 YEARS, RESIDING AT 46A, GUTTUR COLONY, HARIHARA TALUK, DAVANAGERE DISTRICT, KARNATAKA - 577 601. …RESPONDENT (BY SRI. SIDDALINGASWAMY B.M, ADVOCATE) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INCLUDING THE ORDER DATED 20.03.2025 IN CC NO.3208/2025 BY I ADDL. CIVIL JUDGE AND JMFC, HARIHARA, TAKING COGNIZANCE AND ISSUING SUMMONS, QUA THE PETITIONER FOR THE OFFENCES PUNISHABLE U/S 120(B)(2), 406, 409, 420, 468 AND 149 OF THE IPC, 1860 (AT ANNEXURE -A) AND ETC., THESE PETITIONS, COMING ON FOR REPORT SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER In W.P.No.24751/2023, the petitioner is before this Court seeking the following prayers: "a. Call for entire records in C.C.No.452/2023 from the files of Hon'ble I Addl. Civil Judge & JMFC, Harihara; - 4 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 b. Quash the order dated 01.06.2023, passed in C.C.No.452/2023, by Hon'ble I Addl. Civil Judge & JMFC, Harihara, taking cognizance and issuing summons, concerning the Petitioner (at Annexure - B); c. Quash the Protest Petition dated 15.12.2021 filed by the Respondent No.2 in C.C.No.452/2023, pending on the files of Hon'ble I Addl. Civil Judge & JMFC, Harihara concerning the Petitioner (at Annexure - A); d. Pass such other order/s as this Hon'ble Court may deem appropriate in the facts and circumstances of the case." 2. In Crl.P.No.13920/2025, the petitioner is before this Court seeking the following prayers: "a. Call for entire records in C. C. No.3208/2025 from the files of Hon'ble I Addl. Civil Judge & JMFC, Harihara; b. Quash the entire proceedings including the order dated 20.03.2025, in C. C. No.3208/2025, by Hon'ble I Addl. Civil Judge & JMFC, Harihara, taking cognizance and issuing summons, qua the Petitioner for the offences punishable under Sections 120 (B) (2), 406, 409, 420, 468 and 149 of the Indian Penal Code, 1860 (at Annexure - A); c. Quash the Complaint dated 17.11.2018 (and amended on 21.10.2023), filed by the Respondent No.2 in C. C. No.3208/2025, pending on the files of the Hon'ble I Addl. Civil Judge & JMFC, Harihara, qua the Petitioner (at Annexure - B); and d. Pass such other orders as this Hon'ble Court may deem appropriate in the facts and circumstances of the case." - 5 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 3. In W.P.No.24751/2023, heard Sri.Manu Prabhakar Kulkarni, learned counsel appearing for the petitioner, Sri.Channappa Erappa, learned HCGP appearing for respondent No.1, Sri.Siddalingaswamy B M, learned counsel appearing for respondent No.2. In Crl.P.No.13920/2025, heard Sri.Manu Prabhakar Kulkarni, learned counsel appearing for the petitioner, Sri.Siddalingaswamy B M, learned counsel appearing for respondent and have perused the material on record. 4. In W.P.No.24751/2023, during the subsistence of the petition, the parties to the lis have entered into a settlement and have filed a Memorandum of Settlement in that regard. The said Memorandum of Settlement entered into between the petitioner and respondent No.2 reads as follows: "MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND RESPONDENT NO. 2 The Petitioner and Respondent jointly submit as under: 1. The Petitioner, has filed the captioned petition being aggrieved by order dated 20.03.2025 ("Impugned Order"), passed in C.C. No. 452/2023 ("Impugned Proceedings") by I Additional Civil Judge & J.M.F.C. Harihara, ("Ld. Trial Court"), taking cognizance and issuing summons to the Petitioner for offences punishable under Sections 120(B)(2), 406, 409, 34, 420 and 468 read with Section 149 of the Indian Penal Code, - 6 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 1860 ('IPC'), on the basis of private complaint in P.C.R. No. 04/2018 filed by Respondent No. 2. 2. This Hon'ble Court by order dated 21.11.2023 was pleased to stay further proceedings in C.C.No.452/2023. 3. During the pendency of the present petition, the Petitioner and Respondent No. 2 have amicably resolved the disputes inter se. In view of the above settlement the Respondent/Complainant does not wish to prosecute proceedings against the Petitioner/Accused No.3 and has no objection for quashing of the criminal proceedings insofar as Petitioner/Accused No.3 alone is concerned. 4. It is respectfully submitted that upon verification of records and circumstances by the Respondent No.2/Complainant, it appears that the Petitioner/Accused No.3 did not have any direct personal role in the alleged transaction. The material on record indicates that the acts in question appear to have been carried out by other persons who are not employed with Bajaj Finance Limited. It further appears that such acts have resulted in financial loss not only to the Complainant but also to the Company. In the above circumstances, continuation of proceedings against the Petitioner/Accused No.3 would serve no useful purpose. 5. It is respectfully submitted that the present joint memo may be taken on record, and the present petition may be disposed of as in terms of this settlement between the parties, in the interest of justice. WHEREFORE, this memo may be taken on record, and this Hon'ble Court may be pleased to quash the proceedings in C.C. No.452/2023 in favour of the Petitioner/Accused No.3, in the interest of justice." 5. In W.P.No.13920/2025, during the subsistence of the petition, the parties to the lis have entered into a settlement and have filed a Memorandum of Settlement in that - 7 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 regard. The said Memorandum of Settlement entered into between the petitioner and the respondent reads as follows: "MEMORANDUM OF SETTLEMENT BETWEEN THE PETITIONER AND RESPONDENT The Petitioner and Respondent jointly submit as under: 1. The Petitioner, has filed the captioned petition being aggrieved by order dated 20.03.2025 ("Impugned Order"), passed in C.C. No. 3208/2025 ("Impugned Proceedings") by I Additional Civil Judge & J.M.F.C. Harihara, ("Ld. Trial Court"), taking cognizance and issuing summons to the Petitioner for offences punishable under Sections 120(B)(2), 406, 409, 34, 420 and 468 read with Section 149 of the Indian Penal Code, 1860 ('IPC'), on the basis of private complaint in P.C.R. No. 170/2018 filed by Respondent. 2. This Hon'ble Court by order dated 19.12.2025 was pleased to stay further proceedings in C. C. No. 3208/2025. 3. During the pendency of the above petition, the Petitioner and Respondent have amicably resolved the disputes inter se. In view of the above settlement the Respondent/Complainant does not wish to prosecute the proceedings against the Petitioner/ Accused No.4 and has no objection for quashing of the criminal proceedings insofar as the Petitioner/Accused No.4 alone is concerned. 4. It is respectfully submitted that upon verification of records and circumstances by the Respondent/Complainant, it appears that the Petitioner/Accused No.4 did not have any direct personal role in the alleged transaction. The material on record indicates that the acts in question appear to have been carried out by other persons who are not employed with Bajaj Finance Limited. It further appears that such acts have resulted in financial loss not only to the Complainant but also to the Company. In the above circumstances, continuation of proceedings against the Petitioner/Accused No.4 would serve no useful purpose. - 8 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 5. It is respectfully submitted that the present joint memo may be taken on record, and the present petition may be disposed of as in terms of this settlement between the parties, in the interest of justice. WHEREFORE, this memo may be taken on record, and this Hon'ble Court may be pleased to quash the proceedings in C. C. No.3208/2025 in favour of the Petitioner/Accused No.4, in the interest of justice. 6. The parties to the lis are present before the Court and are identified by their respective consels. 7. In the light of the offence being the one punishable under sections 406 and 420 of the Indian Penal Code, I deem it appropriate to accept the Memorandum of Settlement in both the petitions and terminate the proceedings against the petitioner in both the petitions. 8. For the aforesaid reasons, the following: O R D E R [I] Writ Petition and Criminal Petition are disposed. [II] In W.P.No.24751/2023, order dated 01.06.2023 passed in C.C.No.452/2023, by I Addl. Civil Judge & JMFC, Harihara, taking cognizance and issuing - 9 - HC-KAR NC: 2026:KHC:21310 WP No. 24751 of 2023 C/W CRL.P No. 13920 of 2025 summons, qua the petitioner-accused No.3 stands quashed; protest petition dated 15.12.2021 filed by the Respondent No.2 in C.C.No.452/2023, pending before the I Addl. Civil Judge & JMFC, Harihara, concerning the petitioner-accused No.3 stands quashed. [III] In Crl.P.No.13920/2025, entire proceedings including the order dated 20.03.2025 in C.C.No.3208/2025 by I Addl. Civil Judge & JMFC, Harihara, taking cognizance and issuing summons qua the petitioner-accused No.4 stands quashed; complaint dated 17.11.2018 (and amended on 21.10.2023) filed by respondent No.2 in C.C.No.3208/2025, pending before the I Addl. Civil Judge & JMFC, Harihara, qua the petitioner-accused No.4 stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 3 Sl No.: 12