IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6732 OF 2013 BETWEEN:
1. MOHAN KUMAR KONDAJJI S/O KONDAJJI BASAPPA, AGED ABOUT 57 YEARS, RESIDING AT NO.2187, 15TH "C" CROSS, MAHALAKSHMIPURAM, BANGALORE-560086.
2. JAGADISH R GOWDA S/O LATE H.RAMAIAH, AGED ABOUT 57 YEARS, NO.38/2, 2ND CROSS, 2ND MAIN ROAD, SHIVANAGAR, RAJAJINAGAR, BANGALORE-560010.
... PETITIONERS (BY SRI: DIWAKARA K, ADVOCATE) AND 1. STATE OF KARNATAKA REP. BY CHANNAMANAKERE ACCHUKATTE POLICE STATION, BENGALURU-560085.
2. GARDEN CITY CREDIT CO-OPERATIVE SOCIETY NO.25/1, "SHREE" PUTTANNA CROSS ROAD, BASAVANAGUDI, BANGALORE-560004.
... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP. FOR R1 SRI: G.A. ANTHONY CRUZE, ADVOCATE FOR R2-ABSENT) THIS CRIMINAL PETITION IS FILED U/S. 482 CR.P.C PRAYING TO QUASH THE FIR/COMPLAINT IN CRIME NO.250/11 REGISTERED BY CHANNAMMANAKERE ACCHUKATTU P.S., PENDING BEFFORE THE IV ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for the petitioner, learned Additional SPP for respondent No.1. Learned counsel for respondent No.2 is absent.
2. Petitioners are Accused Nos. 3 and 6 in Crime No.250/2011 registered for the offences punishable under sections 406, 420, 120B of Indian Penal Code. The said proceedings are registered based on the complaint lodged by Garden City Credit Co-operative Society Limited. The material allegations leveled against petitioners and other accused persons are that with an intent to cheat and defraud complainant/society, petitioners and other accused kept a sum of Rs.4,00,000/- in fixed deposit in Prasiddi Credit Co-operative Society.
3. A reading of the complaint indicates that the transaction had taken place between two Societies. Both societies are governed by the provisions of the Karnataka Co-operative Societies Act, 1959, whereunder any dispute arising between the societies is required to be adjudicated under the provisions of the said Act. Instead, criminal proceedings are initiated on the ground that accused persons including the petitioners herein who are office bearers of Prasiddi Credit Co-operative Society, have failed to refund the proceeds of the fixed deposit. The said allegations are purely civil in nature and therefore do not give rise to criminal prosecution of the petitioners. In my view, prosecution initiated against the petitioners being illegal and amounting to abuse of process of Court, cannot be allowed to continue.
4. Accordingly, petition is allowed. Proceedings in Crime No.250/2011 are quashed insofar as petitioners are concerned.
In view of the petition being allowed, I.A.No.1/2016 does not survive for consideration and it is dismissed.
Sd/- JUDGE AN/-