IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO. 3078 OF 2018 BETWEEN:
1. PAMODH GANGARAM RAWATH AGED ABOUT 47 YEARS S/O. LATE. GANGARAM KASHIRAM RAWATH, R/AT 8/11063, WINDERS TOWER, GARDEN ENCLAVE, VASANTH VIHAR, THANE WEST, MUMBAI, MAHARASHTRA 400610.
PERMANENT ADDRESS, MARATAWADI, RATHNGIRI, MAHARASHTRA 415612.
2. SAJEED EBRAHIM VAREKAR AGED ABOUT 39 YEARS S/O. RT HUSSAIN B EBRAHIM, R/AT KK ROAD, MAHAGIRI THANE WEST, MUMBAI, MAHARASHTRA 400610.
…PETITIONERS (BY SRI. CHANDRAHASA RAI B, ADVOCATE) AND:
1. THE STATE BY LAKSHMIPURAM PS MYSORE REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001.
2. GOVARDHAN Y H/O. PADMAPRIYA M S, R/AT NO. 51/B, RLY LOCO COLONY, YADAVAGIRI, MYSORE 570020. PRESENT ADDRESS:
SRI GOVARDHAN S/O N Y SWAMI AGED 41 YEARS, R/AT 111/B, R C COLONY, K R S ROAD, MYSORE-570020. (BY SRI. S RACHAIAH, HCGP) …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS ARISING OUT OF FIR NO.19/2010 AND DATED 30.01.2010 PENDING IN C.C.NO.1242/2012 ON THE FILE OF JMFC 2ND COURT AT MYSORE CITY FOR THE OFFENCES PUNISHABLE U/S.420 OF IPC R/W SEC.4 OF PRIZE CHIT AND MONEY CIR SCHEMES(BANNING ACT 1978) REGISTERED BY LAKSHMIPURAM POLICE STATION, MYSORE CITY BY CALLING THE ENTIRE RECORDS PENDING ON THE FILE OF JMFC 2ND COURT AT MYSORE CITY.
THIS CRIMINAL PETITION IS COMING ON FOR ‘ADMISSION’, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners who are arraigned as accused Nos. 1 & 2 in C.C.No. 1242/2012 pending on the file of JMFC 2nd Court at Mysore, registered for the offences punishable u/s. 420 of IPC r/w Sec.4 of Prize Chit and Money CIR Schemes (Banning Act 1978) are before this Court for quashing of said proceedings.
2. Heard learned HCGP appearing for respondents. Having perused the grounds urged in the petition which is to the effect that petitioners are claiming to be innocent of the offences alleged and they have been falsely implicated it is noticed that charge sheet material disclose that on the basis of a complaint lodged by respondent No.2 on 31.01.2010, an F.I.R. in Crime No.19/2010 came to be registered against the petitioners for the offences aforestated.
3. Petitioners were alleged to have been running a company by name “Aim Limouzines India Ltd.,” by accepting money from the public by offering good benefit to such investors and complainant is said to have invested a sum Rs.85,000/- in the said Company and cheque issued for payment has been returned unpaid and as such alleging that accused have cheated the complainant and also several others in the same manner including the complainant, F.I.R. in question has been registered.
4. The grounds which are sought to be urged by the petitioners are in the notice of defence they (accused) intend to put forth which may be raised during the course of trial. Hence, I find no grounds are made to entertain this petition. Accordingly it is rejected.
Sri S.Rachaiah, learned HCGP is permitted to file memo of appearance.
Sd/- JUDGE Snb/