- 1 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 13623 OF 2024 C/W CRIMINAL PETITION NO. 8024 OF 2024 IN CRL.P No. 13623/2024 BETWEEN: 1. SIDDEGOWDA S/O SHIVALINGAIAH C.N., AGED ABOUT 59 YEARS NO.2013/2A, 3RD CROSS NEAR KABALAMMA TEMPLE MARALUHOLA MANGALAVARAPETE CHANNAPATNA TOWN RAMANAGARA KARNATAKA – 562 160. 2. SINDHU R., W/O SIDDEGOWDA AGED ABOUT 43 YEARS NO.2013/2A, 3RD CROSS NEAR KABALAMMA TEMPLE MARALUHOLA MANGALAVARAPETE CHANNAPATNA TOWN RAMANAGARA KARNTAKA – 562 120. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 3. GANESH S/O SIDDEGOWDA AGED ABOUT 24 YEARS NO.2013/2A, 3RD CROSS NEAR KABALAMMA TEMPLE MARALUHOLA MANGALAVARAPETE CHANNAPATNA TOWN RAMANAGARA KARNTAKA – 562 160. …PETITIONERS (BY SRI MAHESH KUMAR H., ADVOCATE) AND: 1. STATE OF KARNATAKA CHANNAPATNA RURAL POLICE STATION REPRESENTED BY STATE PPUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 01. 2. DR.SAI KUMARI Y.K., W/O KRISHNAIAH AGED ABOUT 48 YEARS R/AT NO.230, C BLOCK CQAL LAYOUT, SAHAKARANAGAR BEGNALURU – 560 092 ALSO AT BREINIGSVILLE PENNSYLVANIA USA, PH NO.7259802139 EMAIL:vksaikumari@gmail.com …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R-1; - 3 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 SRI BALASUBRAMANYA B.N., ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 528 OF BNSS, 2023 PRAYING TO QUASH THE FIR IN CR.NO.174/2024, DATED 14.08.2024 FILED UNDER SEC.420, 504 AND 149 OF IPC REGISTERED BY CHANNAPATNA RURAL P.S. PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT AT CHANNAPATNA, RAMANAGARA DISTRICT. IN CRL.P NO. 8024/2024 BETWEEN: 1. PREMSANTOSH @ SACHIN AKARAM SARGAR S/O AKARAM SUKHDEV SARGAR AGED ABOUT 32 YEARS NO. 3692, VIVEKANANDA NAGAR KOROCHI POST, ZENDA CHOWK ICHALKARANJI, KOROCHI KOLHAPUR DISTRICT MAHARASHTRA – 416 109. 2. R. VANNIYARAJA S/O RAJENDRA BUPATHI AGED ABOUT 45 YEARS NO.355, POST OFFICE ROAD T.NARASIPURA TOWN TIRUMAKUDALU NARASIPUR MYSURU – 571 127. 3. JAYANTH P.B., S/O CHANDRAKANTH P.B., AGED ABOUT 36 YEARS NO.54, KSHEERABDHI NILAYA 2ND MAIN, 3RD CROSS ISRO LAYOUT, VITTALA NAGAR - 4 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 J.P.NAGAR BENGALURU – 560 078. 4. YASHODAMMA D/O KEMPAIAH AGED ABOUT 64 YEARS NO.336/A, OMKARA 6TH STAGE, 11TH BLOCK B D A LAYOUT SRINIVASAPURA KENGERI HOBLI, GANAKALLU BENGALURU – 560 060. 5. UMASHANKAR H.V., S/O H.T.VISHWANATH AGED ABOUT 65 YEARS NO. 1079/1, 14TH MAIN CHIKKADEVARAYA ROAD SRINAGAR PIPELINE WEAVERS COLONY BANASHANKARI BENGALURU – 560 050. ...PETITIONERS (BY SRI PRABHUGOUD B.TUMBIGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHANNAPATNA EAST POLICE STATION RAMANAGARA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001. - 5 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 2. SMT. SINDHU AGED ABOUT 40 YEARS W/O SIDDEGOWDA NO. 2013/2A, 3RD WARD 3RD CROSS NEAR MARALU HOLA KABBALAMMA TEMPLE VISHVANATHA BADAVANE MANGALAVARAPETE CHANNAPATNA TOWN RAMANAGARA – 562 160. ...RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1; SRI H.MAHESH KUMAR, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C., (U/S 528 OF BNSS, 2023) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.3999/2023 REGISTERED BY THE RESPONDENT NO.1 CHANNAPATNA EAST POLICE STATION, RAMANAGARA, FOR THE OFFENCE P/U/S 420 OF IPC, PENDING ON THE FILE OF THE ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC COURT, CHANNAPATNA, RAMANAGARA DISTRICT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners in Crl.P.No.13623 of 2024 are before this Court seeking to quash the complaint in Crime No.174 of 2024 - 6 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 registered for offences punishable under Sections 420, 504 and 149 of IPC and petitioners in Crl.P.No.8024 of 2024 are seeking to quash the proceedings in C.C.No.3999 of 2023 registered for offence punishable under Section 420 of the IPC. Petitions are either preferred by the petitioners/accused in a crime registered by the 2nd respondent in Crl.P.No.13623 of 2024 or in a crime registered by the 2nd petitioner/accused herself against the petitioners/accused in the companion petition. 2. Heard Sri Mahesh Kumar H, learned counsel appearing for petitioners in Crl.P.No.13623 of 2024 and 2nd respondent in Crl.P.No.8024 of 2024 and Sri Tumbigi Prabhugouda Basavantarayagouda, learned counsel appearing for petitioners in Crl.P.No.8024 of 2024 and Sri Vinay Mahadevaiah, learned High Court Government Pleader for respondent No.1, in both the petitions. 3. Facts in brief, germane, are as follows: The 2nd respondent/complainant in Crl.P.No.13623 of 2024 is said to have submitted a representation before the Channapatna police station seeking permission to conduct - 7 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 procession and requests for road clearance. On 13-07-2022, the pooja ceremony on the Guru Poornima day happens which is celebrated by the 2nd respondent-complainant along with others. Thereafter, The 2nd petitioner registers a complaint against the Premsantosh @ Sachin Akaram Sargar Baba and his associates before the Channapatna police station alleging cheating which becomes a crime in Crime No.79 of 2022. The crime is registered on 01-09-2022. The Channapatna police file a charge sheet in C.C.No.3999 of 2023 against the Baba and his associates. After the filing of the charge sheet, one Dr. Sai Kumari Y.K. seeks to register a complaint against the petitioners and their family members who are accused Nos.1, 2 and 4 alleging that the petitioners have taken money from her towards construction of Sri Prema Sai Free Health Clinic without the knowledge of the said BABA on 15-07-2022. The crime sought to be registered has now become a crime in Crime No.174 of 2024. It is this that has driven the petitioners to this Court in the subject petition Crl.P.No.13623 of 2024. The companion petition relates to C.C.No.3999 of 2023 registered by the complainant one Smt Sindhu, who is the 2nd petitioner in Crl.P.No.13624 of 2024, against the said Baba and others. - 8 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 4. The learned counsel appearing for petitioners would contend that crime in Crime No.174 of 2024 is hit by gross delay as, the money that has been paid in the year 2022, is complained of in the year 2024 and the criminal law is set into motion, admittedly for the purpose of recovery of money. He would submit that the proceedings be quashed. 6. Per-contra, the learned counsel representing the 2nd respondent/complainant would submit that the complaint registered by them has ended in filing a charge sheet and the investigation should be permitted to be continued, as there are clear allegations against these petitioners in Crl.P.No.13623 of 2024. Therefore, seeks dismissal of the petition. 7. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record. 8. The afore-narrated facts are not in dispute, they are in fact a matter of record. The registration of the crime, at the outset, is by the 2nd petitioner in Crl.P.No.13623 of 2024. The - 9 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 police, after investigation, filed a charge sheet against these petitioners for offence punishable under Section 420 of the IPC. The charge sheet so filed is as follows: “17. ೇನ ಸಂಪ ಾ ಾಂಶ ಘನ ಾಾಲಯದ ಾ ೆ ೆದ ಚನಪಟಣ ಪವ! "#ೕ$ %ಾ&ಾ ಸರಹದು* ಚನಪಟಣ +ೌ-, ಎಂ./ ರೆ ಯ#0ರುವ ಮೆ ನಂ 751, ಆನಂದ 3ಲಯದ#0 ಈ 5ೋ7ಾ ೋಣ ಪ8 ಾಲಂ ನಂ 12 ರ#0 ನಮೂದು 9ಾ:ರುವ 1 ಂದ 5 ರವ ೆ;ನ ಆ ೋಗ=ೆಲ0ರೂ ೇೊಂಡು ಸ9ಾನ ಉ5ೆ*ೕಶ@ಂದ ಅ9ಾಯಕ ಾವ!ಜ3ಕರನು Dೕಸ 9ಾಡುವ ಸಲುಾ; EFೕ GೆFೕಮ ¸ÀéರೂH ಾI ೇಾ ಸJK ಟF$ ಅನು 9ಾ:ೊಂಡು 1 ೇ ಆ ೋಯು Lಾನು 5ೇವ 9ಾನವೆಂದು ಾI MಾMಾ ಅವLಾರೆಂದು ಮುಗN ಜನೆ ನಂO 3ಮೆ ಒ=ೆQಯ5ಾಗುತ 5ೆಂದು ಸುಳTQ UೇVೊಂಡು ಾ 3 ರವೆ ಎ1 ಆ ೋಯು 3ಮೆ ಒ=ೆQಯ5ಾಗುತ 5ೆಂದು ನಂO ಾ-03 ರವಂದ @ಾಂಕ:31.12.2021 ರಂದು 1 ಲW ರೂಗಳನು ಾ 5 ಮತು 6 ರವರ ಸಮWಮ ಾ 3 ರವರ ಮೆಯ#0Xೕ ನಗದು ರೂಪದ#0, ಾ 2 ರವಂದ @ಾಂಕ 08.06.2022 ರಂದು 2 ಲW ರೂ ಹಣವನು ನಗದು ರೂಪದ#0 ಪYೆದು ಎ4 ಆ ೋೆ 3ೕ:, ಾ 3 ರವಂದ @ಾಂಕ: 04.08.2022 ರಂದು 1 ಲW ರೂ ಹಣವನು ನಗದು ರೂಪದ#0 ಪYೆದು ಎ4 ಆ ೋೆ 3ೕ: Dೕಸ 9ಾ:ರುವZದು Uಾಗೂ 1ೇ ಆ ೋೆ ಅ9ಾಯಕ ಜನೆ Dೕಸ 9ಾಡಲು ಎ2 ಂದ ಎ5 ರವ ೆ;ನ ಆ ೋಗಳT ಸಹಾರ 3ೕ:ರುLಾ ೆಂದು ಇದುವ ೆ\ಗೂ ನYೆದ ತ3]ೆIಂದ ದೃಡಪ8ರುತ 5ೆ.” A perusal at the summary of the charge sheet so filed would indicate that it is registered for the purpose of recovery of money of Rs.1,00,000/-. Likewise, the crime in Crime No.174 of 2024 is seen. It is also registered for the purpose of recovery of money. The complaint dated 14-8-2024 which becomes the fulcrum of the crime in Crime No.174 of 2024 reads as follows: - 10 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 “To The Sub Inspector Channapatna Rural Police Station Ramanagara Dist. Karnataka, India From Dr. Saikumari Krishnaiah Scientist, Breinigsville Pennsylvania, USA Subject: Filling a complaint with proof, against Sidde Gowda, Sindhu, Sapthami, Ganesh and Channe Gowda for collecting money in the name of Baba and cheating me. Requesting Section 318(4) to be applied in this case. Dear Sub Inspector I, Dr. Saikumari Krishnaiah, a scientist, based in the United States of America, hereby filing a complaint against Sidde Gowda, Sindhu, Sapthami, Ganesh, and Channe gowda for taking money in the name of Baba and cheating me. Here are the pertinent details outlined below: 1. I came to know Baba through the Facebook posts of Sapthami Gowda, the daughter of Sindhu and Sidde Gowda in 2022 residing in No. 2013/2A, 3rd Cross, Near Maralu Hola kabbalamma temple, Vishwanatha badavane, Mangalvarpet, Channapatna Town - 562160 2. Upon my arrival for Baba's darshan, I was aware that Baba was overseeing the construction of the Sri Prema Sai Free Health Clinic for the community. 3. On one occasion, Sindhu and Sidde Gowda requested for money to establish a free clinicdue to insufficient funds. I was deeply moved by Baba's selfless vision for society, characterized by unconditional kindness and dedicated service. Immediately, promptly I issued two checks without hesitation, numbered 000101868 and 000101869, - 11 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 for the amounts of Rs 1,76,552/- and Rs 23,000/- towards construction expenses and wood procurement/work, respectively from my personal SBI account to Sidde Gowda. 4. Because whenever I came to Channapatna for darshan, Baba used to stay in Dwarka at the farm house of Sidde Gowda and Bhajan was held regularly, along with the freeclinic construction was going on there. These were the same people always around Baba. 5. On August 16th, 2022, when I met Baba in Sidde Gowda and Sidhu's place (Dwaraka), mentioned about the money and the checks given to Sidde Gowda and Sindhu. Baba was surprised and shocked to learn about this, as he was not aware of this money at all. It's a very clear evident that Sidde Gowda, Sindhu, Sapthami, Ganesh and Channe Gowda were collecting money secretly without Baba's knowledge or instructions. Baba is very innocent and He neither knows nor does He understand the Kannada language. Channe Gowda used to translate Baba's conversation from Hindi to Kannada to these people. These are the people who brought Baba from Shiridi to Channapatna. Baba use to listen to these people very promptly and honestly, if they tell Him to go to Shiridi, He use to go and when they call Him to come to Channapatna, Baba use to come. 6. When Baba asked them, 'why they had collected the money and what they had done with it', then Sidde Gowda, Sindhu, Sapthami, Ganesh and Channe Gowda became angry. They started fighting with me and threatened to beat me. Everything happened in the presence of Baba in Dwaraka. I was surprised and shocked to see the sudden change in their behavior. I was disappointed and upset for their cunning behavior and Baba also told everyone that "I am not interested and do not live in this untruthful place' and very next day Baba left. Seeing all this I too left back to USA, after my leave was over. - 12 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 7. These people know that Baba is going to come back, because His trust "Pream Swaroopini Seva Trust" is established here, doing seva projects here and all His Trust members are working here at Channapatna. This insecure Sidde Gowda and group got scared and worried that if Baba comes back, their true colors will come out and they will be in trouble, To protect themselves from their cunning and cheating behavior, these people filed a false complaint against Baba on September 4th, 2022 8. But now after two years I came here and after meeting with Jayanth, I came to know everything about how these people have trapped everyone and troubled them, that to without any evidence by creating false complaint on Baba and Trust members. After about 20days the case was filed only due to fear because the group of people had brought Baba to Channapatna from Shiridi. 9. Baba is very innocent, He is unable to understand and speak Kannada. 10. Sidde Gowda and group very cleverly trapped everyone without any proof. What did you police do? By supporting this group and filing the case you also did the same thing. Where is the Justice and law? 11. I do not want my money back from these people. I just want these people to be punished, as they trapped many innocent people by cheating and fraud. I am filling this complaint with proof of my personal bank account statement for the money that I gave to Sidde Gowda and group and requesting you to do the needful.” Therefore, it is a case that is filed for the purpose of recovery of money, both by the petitioners against the respondent and by the 2nd respondent against the petitioners. - 13 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 9. It is now a too well settled principle of law that criminal law cannot be set into motion for the purpose of recovery of money, apart from the fact that the crime in crime No.174 of 2024 is registered to arm twist the petitioners in whose crime charge sheet is filed. 10. The Apex Court in LALIT CHATURVEDI v. STATE OF UTTAR PRADESH1, has held as follows: “…. …. …. 5. This Court, in a number of judgments, has pointed out the clear distinction between a civil wrong in the form of breach of contract, non- payment of money or disregard to and violation of the contractual terms; and a criminal offence under Sections 420 and 406IPC. Repeated judgments of this Court, however, are somehow overlooked, and are not being applied and enforced. We will be referring to these judgments. The impugned judgment [Lalit Chaturvedi v. State of U.P., 2023 SCC OnLine All 2945] dismisses the application filed by the appellants under Section 482 CrPC on the ground of delay/laches and also the factum that the charge-sheet had been filed on 12-12-2019. This ground and reason is also not valid. 6. In Mohd. Ibrahim v. State of Bihar [Mohd. Ibrahim v. State of Bihar, (2009) 8 SCC 751 : (2009) 3 SCC (Cri) 929] , this Court had referred to Section 420IPC, to observe that in order to constitute an offence under the said section, the following ingredients are to be satisfied: (SCC pp. 757-58, paras 18-19) 1 2024 SCC OnLine SC 171 - 14 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 “18. Let us now examine whether the ingredients of an offence of cheating are made out. The essential ingredients of the offence of “cheating” are as follows: (i) deception of a person either by making a false or misleading representation or by dishonest concealment or by any other act or omission; (ii) fraudulent or dishonest inducement of that person to either deliver any property or to consent to the retention thereof by any person or to intentionally induce that person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) such act or omission causing or is likely to cause damage or harm to that person in body, mind, reputation or property. 19. To constitute an offence under Section 420, there should not only be cheating, but as a consequence of such cheating, the accused should have dishonestly induced the person deceived: (i) to deliver any property to any person, or (ii) to make, alter or destroy wholly or in part a valuable security (or anything signed or sealed and which is capable of being converted into a valuable security).” 7. Similar elucidation by this Court in V.Y. Jose v. State of Gujarat [V.Y. Jose v. State of Gujarat, (2009) 3 SCC 78 : (2009) 1 SCC (Cri) 996] , explicitly states that a contractual dispute or breach of contract per se should not lead to initiation of a criminal proceeding. The ingredient of “cheating”, as defined under Section 415IPC, is existence of a fraudulent or dishonest intention of making initial promise or representation thereof, from the very beginning of the formation of contract. Further, in the absence of the averments made in the - 15 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 complaint petition wherefrom the ingredients of the offence can be found out, the High Court should not hesitate to exercise its jurisdiction under Section 482CrPC. Section 482CrPC saves the inherent power of the High Court, as it serves a salutary purpose viz. a person should not undergo harassment of litigation for a number of years, when no criminal offence is made out. It is one thing to say that a case has been made out for trial and criminal proceedings should not be quashed, but another thing to say that a person must undergo a criminal trial despite the fact that no offence has been made out in the complaint. This Court in V.Y. Jose [V.Y. Jose v. State of Gujarat, (2009) 3 SCC 78 : (2009) 1 SCC (Cri) 996] placed reliance on several earlier decisions in Hira Lal Hari Lal Bhagwati v. CBI [Hira Lal Hari Lal Bhagwati v. CBI, (2003) 5 SCC 257 : 2003 SCC (Cri) 1121 : (2003) 262 ITR 466] , Indian Oil Corpn. v. NEPC India Ltd. [Indian Oil Corpn. v. NEPC India Ltd., (2006) 6 SCC 736 : (2006) 3 SCC (Cri) 188] , Vir Prakash Sharma v. Anil Kumar Agarwal [Vir Prakash Sharma v. Anil Kumar Agarwal, (2007) 7 SCC 373 : (2007) 3 SCC (Cri) 370] and All Cargo Movers (India) (P) Ltd. v. Dhanesh Badarmal Jain [All Cargo Movers (India) (P) Ltd. v. Dhanesh Badarmal Jain, (2007) 14 SCC 776 : (2009) 1 SCC (Cri) 947] . 8. Having gone through the complaint, which was registered as an FIR and the assertions made therein, it is quite clear that Respondent 2 complainant Sanjay Garg's grievance is regarding failure of the appellants to pay the outstanding amount, in spite of Respondent 2 complainant Sanjay Garg's repeated demands. Respondent 2 complainant Sanjay Garg states that the supplies were made between the period 1-12-2015 and 6- 8-2017. The appellants had made the payments from time to time of Rs 3,76,40,553 leaving a balance of Rs 1,92,91,358. 9. We will assume that the assertions made in the complaint are correct, but even then, a criminal offence under Section 420 read with Section 415 IPC is not established in the absence of deception by making false and misleading representation, - 16 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 dishonest concealment or any other act or omission, or inducement of the complainant to deliver any property at the time of the contract(s) being entered. The ingredients to allege the offence are neither stated nor can be inferred from the averments. A prayer is made to the police for recovery of money from the appellants. The police is to investigate the allegations which discloses a criminal act. Police does not have the power and authority to recover money or act as a civil court for recovery of money. 10. The charge-sheet also refers to Section 406 IPC, but without pointing out how the ingredients of the said section are satisfied. No details and particulars are mentioned. There are decisions which hold that the same act or transaction cannot result in an offence of cheating and criminal breach of trust simultaneously. [Wolfgang Reim v. State, (2012) 173 Comp Cas 86 : 2012 SCC OnLine Del 3341; Mahindra and Mahindra Financial Services Ltd. v. Delta Classic (P) Ltd., (2009) 151 Comp Cas 661 : 2009 SCC OnLine Gau 105 : (2011) 6 Gau LR 604; Mukesh Sharma v. State of H.P., 2024 SCC OnLine HP 426] For the offence of cheating, dishonest intention must exist at the inception of the transaction, whereas, in case of criminal breach of trust there must exist a relationship between the parties whereby one party entrusts another with the property as per law, albeit dishonest intention comes later. 11. In this case entrustment is missing, in fact it is not even alleged. It is a case of sale of goods. The charge-sheet does refer to Section 506 IPC relying upon the averments in the complaint. However, no details and particulars are given, when and on which date and place the threats were given. Without the said details and particulars, it is apparent to us, that these allegations of threats, etc. have been made only with an intent to activate police machinery for recovery of money. 12. It is for Respondent 2 complainant Sanjay Garg to file a civil suit. Initiation of the criminal process for - 17 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 oblique purposes, is bad in law and amounts to abuse of process of law.” (Emphasis supplied) In the light of the judgment of the Apex Court, the crime so registered or the charge sheet so filed, which are challenged in the subject petitions, would be rendered unsustainable, to save it from becoming miscarriage of justice by entertaining the petitions under Section 482 of the Cr.P.C. 11. For the aforesaid reasons, the following: ORDER (i) Both the Criminal Petitions are allowed. (ii) The impugned crime in Crime No.174 of 2024 pending before the Principal Civil Judge (Jr.Dn.) and JMFC, Channapatna, Ramanagara District in Crl.P.No.13623 of 2024 and the proceedings in C.C.No.3999 of 2023 (Crime No.79 of 2022) pending before the Principal Civil Judge and JMFC, Channapatna, Ramanagara District in - 18 - HC-KAR NC: 2026:KHC:6445 CRL.P No. 13623 of 2024 C/W CRL.P No. 8024 of 2024 Crl.P.No.8024 of 2024 stand quashed qua the petitioners, in both the petitions. Sd/- (M.NAGAPRASANNA) JUDGE bkp List No.: 1 Sl No.: 42