IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5748 OF 2013 BETWEEN:
SRI. BINEESH THOMAS S/O C M THOMAS AGED ABOUT 36 YEARS RESIDING AT NO.96, 5TH CROSS SHAMANNA LAYOUT ARAVINDA NAGAR BANASAWADI BANGALORE-560084. ... PETITIONER (BY SRI: M R NANJUNDA GOWDA, ADVOCATE) AND 1. STATE OF KARNATAKA BY ASHOKA NAGAR POLICE BANGALORE CITY BANGALORE-560020 2. SMT. SIGI AUGUSTINE KANYEKKATTU HOUSE AGE: MAJOR NELLIMATTOM POST KOTHAMANGALAM ERNAKULAM DISTRICT KERALA-686693. ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1;
NOTICE TO R2 D/W FOR PRESENT VIDE COURT ORDER DATED 5.10.2015) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN C.C.NO.50921/13 WHICH IS PENDING ON THE FILE OF THE XI ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.5 in C.C.No.50921/2013.
2. The accusations against the petitioner is that the petitioner and other accused persons collected a sum of Rs.5,07,000/- from the complainant on the false promise of securing a job in Switzerland, but failed to secure the job and failed to refund the amount to the complainant.
3. Learned counsel for the petitioner submits that petitioner is ceased to be the Director of M/s.United HR Service Pvt. Ltd., and M/s. Embassy Links Pvt. Ltd., since 14.8.2006 and in this regard a public notice was published in ‘HINDU’ English daily dated 18.10.2007.
4. Learned Additional State Public Prosecutor however submitted that prima facie material is collected by the investigating agency to show that petitioner as well as other accused persons collected the amount on the false assurance and misappropriated the said amount and there is prima facie material to proceed against the petitioner and thus, seeks to dismiss the petition.
5. On considering the allegations made in the charge sheet and the prima facie material produced in support of the said accusation, in my view, the impugned proceedings do not warrant any interference by this Court. In the course of investigation, complainant has identified the accused persons. Under the said circumstance, if for any reason the petitioner claims that he ceased to be the Director of the said company much earlier to the commission of the alleged offence, it is open for the petitioner to substantiate the said plea before the trial Court during trial. The paper publication relied on by the petitioner cannot be relied on at this stage. On the said contention, the impugned proceeding cannot be quashed. I do not find any merit in the petition. Consequently, petition is dismissed.
bkp Sd/- JUDGE