IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.6133/2019 Between:
1. Smt.Priya Rani Wife of Sri.Nikesh Anand, Aged about 29 years, Chief Manager, State Bank of India, Jeevan Bheema Nagar Branch, Bengaluru – 560 075.
2. Smt.Shikha Singh W/o Sri.Vivek Raj Verma, Aged about 33 years, Customer Associates, State Bank of India, Jeevan Bheema Nagar Branch, Bengaluru – 560 075.
(By Sri.Krishna Murthy.V, Advocate) And:
1. State of Karnataka By Jeevan Beema Nagar Police Station, Represented by S.P.P, High Court Building, Bengaluru – 560 001.
2. Sri.M.Gurumallaya S/o Late Mottayya, …Petitioners Aged about 61 years, Residing at No.86, 4th Cross, 2nd Main Road, B.M.M.I Layout, White field Post, Bengaluru – 560 087.
(By Sri. R.D.Renukaradhya, HCGP for R1) ...Respondents This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, praying to quash the FIR in Crime No.204/2019 dated 04.07.2019 registered by the Jeevan Bheema Nagar P.S., on the file of IV ACMM, Bengaluru registered for the offence P/U/S 406, 420 and 34 of IPC.
This Criminal Petition is coming on for Admission, this day, the Court made the following:-
ORDER The petitioner has sought for the following reliefs:
a) Quash the First Information Report in Crime No.204/2019 dated 04.07.2019 registered by the Jeevan Bheema Nagar Police Station, on the file of IV Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 406, 420 and 34 of IPC.
b) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case, in the interest of justice.
2. On perusal of the complaint, it is evident that the complainant is stated to have informed the petitioners bank officials to stop the payment in respect of particular cheques. On the other hand, petitioners are disputing in respect of message from the complainant relating to stopping of payment. The Supreme Court in the case of Sau.Kamal Shivaji Pokarnekar V/s State of Maharastra and others reported in AIR 2019 SC 847 at para 9 is held as under:
“9. Having heard the learned Senior Counsel and examined the material on record, we are of the considered view that the High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted.”
In view of the aforesaid decision, the petitioners have not made out case.
3. At this stage, learned counsel for the petitioners submit that Section 197 of Cr.P.C is required to be taken into consideration for purpose of obtaining sanction. Firstly, Section 197 of Cr.P.C is not attracted in respect of employees of State Bank of India. That apart, even assuming that Section 197 of Cr.P.C is attracted the stage would be prior to issuance of process and that stage is yet to reach. Thus, the petitioners have not made out the case. Accordingly, petition stands dismissed.
Sd/- JUDGE UN