IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5825/2015 BETWEEN:
LOKESHA S/O. SHIVANANJEGOWDA, AGED ABOUT 42 YEARS, GANGURU VILLAGE, DODDABAIGATHAVALLI POST, HOLENARASIPURA TALUK, HASSAN DISTRICT – 573 201. ... PETITIONER (BY SRI GIRISH B. BALADARE, ADVOCATE) AND:
1. THE SUB INSPECTOR, HOLENARASIPURA RURAL POLICE, HOLENARASIPURA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
2. SHAFEEK @ ALI M.D.
S/O. LATE MOHAMMED FIYAZ, AGED ABOUT 40 YEARS, MANAGING DIRECTOR, MFJC, POULTRY FEEDS PVT. LTD., OPP. TO DAIRY CIRCLE, B.M. ROAD, HASSAN - 573 201. ... RESPONDENTS (BY SRI I.S. PRAMOD CHANDRA, SPP II FOR R-1; SRI B. ROOPESHA, ADVOCATE FOR R-2) ***** THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET FILED AGAINST PETRS. IN CR.NO.212/2013 BY THE HOLENARASIPURA RURAL POLICE FOR THE OFFENCE P/U/S 420 OF IPC AND SAME IS PENDING ON THE FILE OF THE SR. C.J. AND J.M.F.C., HOLENARASIPURA IN C.C.NO.348/2015.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioner, learned counsel for respondent No.2 and learned S.P.P. – II for respondent No.1.
2. Petitioner has sought to quash the charge sheet filed against him in C.C.No.348/2015 for the offence punishable under Section 420 of IPC.
3. The allegations made against the petitioner are that the petitioner had entered into an agreement with the complainant on 24/06/2013, to return the grownup chicks to the complainant after deducting his commission, but the petitioner failed to honour the terms of the said agreement dated 24/06/2013 and thereby caused a loss of Rs.4 lakhs to the complainant.
4. The allegations made against the petitioner prima facie attract the ingredients of the offence under Section 420 of IPC. As a result, I do not find any justifiable grounds to quash the proceedings.
5. Consequently, the petition is dismissed.
*mvs Sd/- JUDGE