IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6520 OF 2015 BETWEEN:
MICHAEL SRINIVASAN S/O DEVA SAGAYAM MASILAMANI AGED ABOUT 62 YEARS R/AT NO.253, 2ND CROSS CAMBRIDGE LAYOUT, ULSOOR BENGALURU – 560 008. … PETITIONER (BY SRI. MAHESHA P., ADVOCATE) AND:
1. STATE OF KARNATAKA BY KORAMANGALA POLICE STATION BENGALURU CITY – 560 095.
2. ARULDAS GNANAMUTHU MEMBER, COMMITTEE OF MANAGEMENT ETASI, NO.54, KHB COLONY KORAMANGALA BENGALURU – 560 095. … RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.27929/2014 WHICH IS REGISTERED FOR THE OFFENCE PUNISHABLE UNDER SECTION 419 OF I.P.C., PENDING ON THE FILE OF VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE., BENGALURU CITY.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is aggrieved by the charge sheet filed against him for the alleged offence punishable under Section 419 of IPC.
2. Heard learned counsel for petitioner and learned Additional Special Public Prosecutor for respondent No.1. Respondent No.2 is served and unrepresented.
3. Learned counsel for the petitioner argued that as on the date of registration of FIR, the petitioner was continuing as Secretary of Evangelical Trust Association of South India (ETASI). Even though, the complainant asserted that the petitioner ceased to be the Secretary with effect from 27.09.2012, by virtue of the resignation tendered by him, the petitioner himself had addressed a letter to the Registrar of Companies intimating that he has not tendered any resignation as contended by respondent No.2.
4. In support of his submission, learned counsel has referred to the copy of intimation letter addressed by the petitioner to the Registrar of Companies, Karnataka, Bengaluru dated 04.04.2013. Further, it is the contention of the learned counsel for the petitioner that the contents of the charge sheet do not make out the ingredients of the offence under Section 419 of IPC. Hence, on both these grounds, the impugned proceedings are liable to be quashed.
5. Learned Additional SPP disputing the submission has referred to Form 32 issued by the Registrar of Companies wherein one Masilamani Srinivasan S/o Deva Sagayam Masilamani is shown to have ceased to be the Director of Evangelical Trust Association of South India with effect from 27.09.2012.
6. Considered the submissions and perused the records.
7. In the charge sheet, petitioner is described as Michael Srinivasan @ Masilamani Srinivasan S/o Deva Sagayam Masilamani. The case of the prosecution is that the petitioner was working as a Secretary of the aforesaid Company and he tendered resignation on 27.09.2012 which was accepted in the adjourned AGM held on 21.11.2012. However, in view of discrepancy in the designation of the petitioner and discrepancy in the name and particulars of the petitioner, at this juncture the said document cannot be considered as an unimpeachable document so as to hold it against the petitioner. On the other hand, there seems to be no dispute that the Evangelical Trust Association of South India has filed a suit in O.S.No.26465/2013 on 21.09.2013 for a declaration that the petitioner and the other defendants named in the plaint were not the members of the first plaintiff Company and that they were not the members of the Managing Committee.
8. In my view, the dispute between the parties being civil in nature and having been seized by the Civil Court, the prosecution of the petitioner on the same set of facts is not justified. As a result, the criminal prosecution of the petitioner on the basis of the alleged dispute cannot be sustained. Accordingly, petition is allowed and the proceedings in C.C.No.27929/2014 registered for the offences under Section 419 of IPC pending on the file of XLV Additional Chief Metropolitan Magistrate, Bengaluru City is quashed only in so far as the petitioner is concerned.
Sd/- JUDGE PYR