IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3963/2015 BETWEEN:
MRS. JACINTHA PINTO, W/O LANCELOT PINTO, AGED ABOUT 52 YEARS, RESIDING AT UMED SADAN, NEERPADE, KULSHEKAR, MANGALORE-575003. …PETITIONER (BY SRI HALEEMA AMEEN, ADVOCATE FOR SRI S.VISHWAJITH SHETTY, ADVOCATE) AND:
1. SRI. DR.ARATHUR D’SOUZA, S/O LATE JOHN D’SOUZA, AGED ABOUT 59 YEARS, RESIDING AT ASTOR, KALPANE KULSHEKAR, MANGALORE, REPRESENTED BY HIS SISTER G.P.A. HOLDER MRS. MARGARETE D’SOUZA, AGED 64 YEARS, W/O. MEHAMOOD AHAMED KHAN, R/O ASTOR, KALPANE KULSHEKAR, MANGALORE-575 003.
2. STATION HOUSE OFFICER, MANGALORE EAST POLICE STATION, MANGALORE-575 003. …RESPONDENTS (BY SRI RAHUL.P, ADVOCATE FOR SRI DEEPAK.J ADVOCATE FOR R-1;
SRI. VIJAYKUMAR MAJAGE, ADDL. SPP FOR R-2) THIS CRL.PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN P.C.NO.91/2015 PENDING ON THE FILE OF J.M.F.C.-II COURT, MANGALORE, D.K. REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 406, 420 OF IPC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER Petitioner has sought to quash the proceedings in PC No.91/2015 pending on the file of JMFC-II Court, Mangalore, D.K. on two counts. Firstly, it is contended that the alleged dispute is purely civil in nature. Secondly, the respondent has taken recourse to criminal process to recover the amount which is alleged to have lent by him in the year 2004. Private complaint was filed in the year 2015 and the same is hit by Section 468 of Cr.P.C.
2. Both these grounds, in my opinion, are untenable. Firstly the bar created under Section 469 of Cr.P.C, debars the Court from taking cognizance of offences beyond the period specified therein. In the instant case, stage has not yet arrived for the court to take cognizance of the alleged offence. The private complaint filed by the respondent has been referred for investigation under Section 156(3) of Cr.P.C. Therefore, the said ground is not available for the petitioner.
3. Insofar as the contention urged by the petitioner that the dispute between the parties is civil in nature is concerned, there are clear allegations in the complaint that the amount was borrowed by the petitioner on the false promise to return the same within a year. This allegation requires to be investigated by the police. As a result, I do not find any good ground to quash the proceedings at this stage.
Accordingly, the petition is dismissed.
Sd/- JUDGE ln.