IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2405 OF 2014 C/W CRIMINAL PETITION NO.1110 OF 2014 IN CRIMINAL PETITION NO.2405 OF 2014 BETWEEN:
SMT SATHYAPRIYA W/O. MURUGADAS, AGED ABOUT 27 YEARS, R/AT NO.1103, CITY H.M.T ROAD, YASHWANTHPURA, BANGALORE-560 022. ... PETITIONER (BY SRI:M.R. NANJUNDA GOWDA, ADVOCATE) AND 1. STATE OF KARNATAKA BY CHICKPET POLICE, BANGALORE-560 053.
2. SRI NARSIMHA RAO S/O LATE PARDHASARATHY.K. AGED ABOUT 51 YEARS ASST. GENERAL MANAGER, LAKSHMI VILAS BANK, NO.102-110, AVENUE PLAZA, AVENUE ROAD, BANGALORE MAIN BRANCH, BANGALORE-560 002. ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.7625/2013 ON THE FILE OF IV A.C.M.M., BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 379,420,468,471,120(B) AND 109 R/W 34 OF IPC.
IN CRIMINAL PETITION NO.1110 OF 2014 BETWEEN:
KARTHIK S/O PRANESH BAPU, AGED ABOUT 27 YEARS, R/AT NO.1531/5, NEW NO.5, 3RD CROSS, NAGAPPA BLOCK, BANGALORE-560 021. ... PETITIONER (BY SRI: H.C. SHIVARAMU, ADVOCATE) AND 1. STATE OF KARNATAKA BY CHICKPET POLICE, BANGALORE, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.
2. K. NARSIMHA RAO AGED ABOUT 53 YEARS S/O LATE PARTHASARATHY.K R/O AT PLOT NO. 105, SRI KRISHNA LAKE VIEW APARTMENT NEAR YEDIYUR LAKE, BASAVANAGUDI, BENGALURU-560019. ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 R2-SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 4.5.2013 PASSED BY THE IV A.C.M.M., BANGALORE IN C.C.NO.7625/2013.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are accused Nos.6 and 7 respectively in C.C.No.7625/2013. Charge sheet is laid against the petitioners and other accused persons for the offences punishable under sections 379, 420, 468, 471, 120B and 109 r/w 34 Indian Penal Code.
Heard learned counsel for the petitioners and learned Addl. SPP for respondent No.1. Respondent No.2 is served and unrepresented.
2. The case of the prosecution is that accused No.1 opened a Bank account in Lakshmi Vilas Bank in his name on 05.07.2012 and got encashed a cheque bearing No.000362 for Rs.1,29,770/- It is alleged that another cheque was forged by the accused persons in collusion with the present petitioners, who were then working as Computer operator and Deputy Manager of the said bank.
3. There is nothing on record to show the complicity of the present petitioners in the alleged offences. Except alleging that accused Nos.1 to 5 have colluded with the employees of the bank, there are no specific overt-acts directed against any one of the petitioners. No material is available on record to show the involvement of the petitioners either in the act of forgery or in the withdrawal of the amount from the bank. Merely because the petitioners were employees of the said bank at the relevant point of time the same cannot be a ground for their prosecution. Undisputedly, accused No.6 was the Computer operator. The material on record discloses that except uploading the cheque in question, he has not performed any other act either in furtherance of the alleged conspiracy or in the act of forgery.
Likewise, there is no material whatsoever to show as to the role played by accused No.7 either in opening of the account or in processing the said cheque. Under the said circumstances, the prosecution of the petitioners in my view is wholly illegal, baseless and malafide and therefore, the same cannot be sustained.
Accordingly, the petition is allowed. The proceedings initiated against the petitioners in C.C.No.7625/2013 pending on the file of IV Addl. Chief Metropolitan Magistrate, Bengaluru are quashed only insofar as the petitioners viz., accused Nos.6 and 7 are concerned.
*mn/-
Sd/- JUDGE