IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.2216/2018 BETWEEN:
Sri B Narayanswamy S/o Channappa Aged about 66 years R/a Banahalli village Kaivara Hobli Chintamani Taluk Chikkaballapura District-562101. … Petitioner (By Sri Siddharth B Muchandi, Advocate) AND:
1. State of Karnataka By the Police of Kodigehalli Police Station Bangalore City Represented by the SPP High Court of Karnataka Bangalore – 560 001.
2. Narasimhaiah S/o late Eranna Aged about 55 years R/a No.28, 19th Cross Sir M V Nagara Ramamurthy Nagara Bangalore – 560 016. ... Respondents (By Sri R D Renukaradhya, HCGP for R1) This petition is filed under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.1930/2018 for the alleged offence P/U/S 420 of IPC before the learned CMM, Bangalore.
This petition is coming on for admission this day, the Court made the following:-
ORDER Petitioner has questioned the validity of proceedings in CC No.1930/2018 for the alleged offence punishable under Section 420 of IPC on the file of the C.M.M, Bangalore.
2. Perusal of gist of allegations, it is evident that there are alleged allegations relating to cheating in other words, petitioner is avoiding to settle balance amount to the extent of avoiding to contact with the petitioner. That apart, it is evident that petitioner has agreed to pay 25% of the amount on 31.1.2017 and thereafter he has not complied with the assurance given by him. Having regard to the allegations stated in the complaint, prima facie, it is evident that offence under Section 420 of IPC, is to be tried before the competent Court. Supreme Court in the case of Dr.Lakshman –vs-
State of Karnataka & ors etc. reported in 2019 SCC online SC 1352 held that cheating is required to be taken note of, even though it is with reference to civil litigation. Thus, petitioner has not made out a case.
Accordingly, petition stands dismissed.
Sd/- JUDGE Bkm