IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR Criminal Petition No.2159 of 2019 BETWEEN 1. SHRI. S.M. NAGARAJ S/O. LATE SHRI MAHADEVAPPA PRESENT AGED ABOUT 61 YEARS PRESIDENT, NOLAMBA VEERASHAIVA SANGHA (REGD), DHANASHURA KAMBI M. SIDDARAMANNA VIDYARTHI NILAYA NO.10/A, 1ST ‘A’ CROSS, III STAGE 4TH PHASE, BASAVESHWARA NAGAR BENGALURU – 560 079 2. SHRI. H. RAMALINGAPPA S/O. SHRI. C. HANUMANTHAIAH PRESENT AGED ABOUT 60 YEARS SECRETARY, NOLAMBA VEERASHAIVA SANGHA (REGD), DHANASHURA KAMBI M. SIDDARAMANNA VIDYARTHI NILAYA NO.10/A, 1ST ‘A’ CROSS, III STAGE 4TH PHASE, BASAVESHWARA NAGAR BENGALURU – 560 079 3. SHRI. G. RUDRE GOWDA S/O. SHRI. G. GOVINDAPPA PRESENT AGED ABOUT 51 YEARS JOINT SECRETARY, NOLAMBA VEERASHAIVA SANGHA (REGD), DHANASHURA KAMBI M. SIDDARAMANNA VIDYARTHI NILAYA NO.10/A, 1ST ‘A’ CROSS, III STAGE 4TH PHASE, BASAVESHWARA NAGAR BENGALURU – 560 079 4. SHRI. G.S. CHANDRASHEKHAR S/O. SHRI. SIDDA MALLE GOWDA PRESENT AGED ABOUT 62 YEARS JOINT SECRETARY, NOLAMBA VEERASHAIVA SANGHA (REGD), DHANASHURA KAMBI M. SIDDARAMANNA VIDYARTHI NILAYA NO.10/A, 1ST ‘A’ CROSS, III STAGE 4TH PHASE, BASAVESHWARA NAGAR BENGALURU – 560 079 5. SHRI. K.B. RUDRAPPA S/O. LATE SHRI. BASAVE GOWDA RETIRED DISTRICT REGISTRAR PRESENT AGED ABOUT 82 YEARS TREASURER, NOLAMBA VEERASHAIVA SANGHA (REGD), NO.867/79, 4TH CROSS, 5TH MAIN ROAD, M.C. LAYOUT, VIJAYANAGAR, BENGALURU – 560 040 … PETITIONERS (BY SRI. SHANMUKHAPPA, ADVOCATE) AND DR. MAHALINGAPPA M.S.
S/O. LATE SHRI SIDDARAME GOWDA PRESENT AGED ABOUT 79 YEARS R/O NO.14/4, BYRASANDRA MAIN ROAD 1ST BLOCK, JAYANAGAR EAST BENGALURU – 560 011 …RESPONDENT (RESPONDENT - SERVED) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN PCR NO.2539 OF 2018 NOW NUMBERED AS C.C.NO.30294/2018 ON THE FILE OF THE LEARNED V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, BY ALLOWING THIS PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
Order Heard Sri. Shanmukhappa, learned advocate appearing for the petitioners. Though served, none appears for the respondents.
2. The complainant initiated proceedings by filing a private complaint alleging violations of sub-section 2 of Section 9, sub-section 2 of Section 10, sub-sections 1 & 2 of Section 11 and Sections 12 & 13 of the Karnataka Societies Registration Act, 1960 (for short “Act, 1960”) in respect of certain alleged irregularities while conducting prathibha puraskara function on 3.11.2016.
3. Sri.Shanmukhappa, submitted that violation of aforementioned penal provisions are punishable under Section 28 of the Act, 1960, whereunder, upon conviction, the accused shall be punishable with fine which may extend to Rs.1,000/-.
4. Sri.Shanmukhappa further submitted that Section 468 of Cr.P.C. places an embargo upon the trial Court to take cognizance of the offences in respect of offences punishable only with fine, beyond six months. Adverting to paragraph 16 of the complaint, he argued that the alleged violations are stated to have taken place in the year 2016-17 and the last among them in July 2017. Therefore, even if it is reckoned from July 2017, initiation of proceedings in October 2018 is hit by Section 468 of Cr.P.C. Accordingly, he prayed for allowing this petition.
5. I have carefully considered the submissions of Sri. Shanmukhappa and perused the records.
6. Under Section 28 of the Act, the punishment prescribed is fine of Rs.1,000/-. Section 468 of Cr.P.C. places an embargo upon the trial Court to take cognizance of the offences beyond six months in cases where offences are punishable only with fine. The date of last alleged offence is mentioned in Paragraph 21 as 2.7.2017. The complaint is presented on 23.2.2018, which is clearly beyond six months. Therefore, the proceedings initiated by the complainant amount to abuse of process of law.
7. Resultantly this petition merits consideration and it is accordingly allowed. All proceedings initiated against petitioners in PCR.No.2539 of 2018 now numbered as C.C.No.30294/2018 on the file of the learned V Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
No Costs.
Sd/- JUDGE alb/-.