IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P. NO. 635/2014 BETWEEN MRS. MEGHANA W/O MR. J. V. SHIVA GANESH AGED ABOUT 34 YEARS PROPRIETRIX M/S SIDDHANT AGENCIES NO.190, NEW THARAGUPET MYSURU ROAD BENGALURU – 560 002 ... PETITIONER (BY SRI. K. H. THIMMAIAH, ADVOCATE) AND 1. M/S. NAHID FOILS PVT LTD A PRIVATE LIMITED COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING THEIR OFFICE AT NO.319, HEMKUNT CHAMBER 89, NEHRU PLACE NEW DELHI-110 019 REPRESENTED BY ITS MANAGING DIRECTOR MR. JAVED AKTHAR 2. MR. JAVED AKTHAR MANAGING DIRECTOR M/S NAHID FOILS PVT. LTD.
3. MR.SHYAM DIDWANIA NATIONAL SALES MANAGER M/S. NAHID FOILS PVT. LTD.
4. G. K. LAKSHMI NARAYANA ZONAL SALES MANAGER -SOUTH M/S. NAHID FOILS PVT LTD.
Deleted as per court order dated 15.09.2015 LAST KNOWN ADDRESS OF ALL THE ABOVE RESPONDENTS IS AT NO.319, HEMKUNT CHAMBER 89, NEHRU PLACE NEW DELHI-110 019 ... RESPONDENTS (BY R-1 AND R-2 ARE SERVED AND UNREPRESENTED R-3 AND R-4 DELETED V.O.D. 15.09.2015) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 02.12.2013 IN PCR NO. NILL OF 2013 ON THE FILE OF THE IV ADDL.C.M.M., BENGALURU AND DIRECT THE MAGISTRATE TO TAKE COGNIZANCE OF THE OFFENCES AND PROCEED WITH THE CASE FROM THE STAGE AT WHICH IT WAS STOPPED AND DISPOSE OF THE SAME IN ACCORDANCE WITH LAW.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is aggrieved by the order dated 02.12.2013 in PCR No. ‘Nil’ of 2013 passed by the 4th ACMM, Bengaluru, whereby a private complaint filed by the petitioner under Section 200 Cr.P.C. is dismissed.
2. Heard the learned counsel for the petitioner.
The respondent is served and unrepresented.
3. Learned counsel for the petitioner submits that, the learned Magistrate has committed an error by dismissing the complaint without recording the sworn statement of the complainant. He further submits that the averments made in the complaint clearly make-out the ingredients of the offences under Sections 420 and 406 of IPC. In the said circumstances, the reasoning assigned by the learned Magistrate that, the dispute in question is civil in nature is contrary to facts of the case. Hence, there is a case for interference by this Court in exercise of powers under Section 482 of Cr.P.C.
4. Upon perusal of the averments made in the complaint and as well as the reasoning assigned by the learned Magistrate in the impugned order, I am unable to subscribe to the arguments canvassed by the learned counsel for the petitioner. It is not in dispute that, in respect of business transactions, petitioner has entered into a written agreement dated 03.02.2011 with the respondent. The said agreement is still in force and there is nothing on record to show that the petitioner has terminated the said agreement. It is also noticed that the said agreement provides for arbitration. The dispute arisen between the parties is purely commercial in nature. The learned Magistrate has considered these aspects in proper perspective and on application of his mind to the facts averred in the complaint, has passed the impugned order, which in my opinion, does not warrant any interference. Hence, I do not find any good ground to interfere with the impugned order.
5. Even with regard to the procedure followed by the learned Magistrate, I do not find any infirmity therein warranting interference. Learned Magistrate has passed the impugned order before taking cognizance of the alleged offences in accordance with Section 200 of Cr.P.C. Since the magistrate has not taken cognizance of the alleged offences, he was not required to record the sworn statement of the complainant and his witnesses. Since the facts averred in the complaint did not disclose commission of any offence, the learned Magistrate has rightly rejected the said complaint before taking cognizance of the alleged offences. There is no illegality in the procedure adopted by the learned Magistrate. Consequently, this petition is dismissed.
Sd/- JUDGE KGR*