IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRL.P.NO.5731 OF 2013 BETWEEN:
SRI. BINEESH THOMAS S/O C.M. THOMAS AGED ABOUT 36 YEARS RESIDING 96, 5TH CROSS SHAMANNA LAYOUT ARAVINDA NAGAR BANASAWADI BANGALORE - 560084.
…PETITIONER (BY SRI. NANJUNDA GOWDA .M.R – ADVOCATE) AND:
1. STATE OF KARNATAKA BY AHSOKA NAGAR POLICE, BANGALORE CITY BANGALORE – 560 020.
2. SMT. PRAMILA W/O VEDAVASAGAN AGED ABOUT 36 YEARS NO . 29, I.T.C. COLONY 2ND CROSS, COX TOWN JEEVANAHALLI BANGALORE – 560 005.
... RESPONDENTS (BY SRI . VIJAYA KUMAR MAJAGE – ADDL. SPP FOR R-1; R-2 SERVED) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN C.C.NO. 51196/2013 WHICH IS PENDING ON THE FILE OF THE XI – ADDL. CHIEF METROPOLITAN MAGISTRATE, MAYOHALL UNIT, BANGALORE.
THIS CRIMINAL PETITION IS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought to quash the charge sheet filed against him in C.C.No.51196/2013 for the offence punishable under Section 420 of IPC.
2. The allegaitions against the petitioner is that the petitioner along with accused Nos.1 to 4 had started a concern by name M/s.United H R Service Pvt. Ltd & Embassy Link Bangalore Pvt. Ltd. On the false assurance of securing a job to the complainant in Switzerland, petitioner collected a sum fo Rs.3,75,000/- from the complainant by way of Demand Draft as well as cash from 03.01.2007 to 23.08.2007 and issued receipts acknowleding the said payment.
3. Learned counsel the petitioner submits that the petitioner herein ceased to be the Director of the said concern with effect from 14.08.2006. In support of his argument, he referred to the copy of the notice published in ‘Hindu’ newspaper dated 18.10.2007.
4. The said document cannot be construed as an unimpeachable document to hold that the petitioner ceased to be the Director of the said company as on the date of commission of the offence. The allegations made against the petitioner prima facie constitute the offence under Section 420 of IPC. Hence, reserving liberty to the petitioner to seek his discharge by producing convincing document before the Trial Court, petition is dismissed.
Sd/- JUDGE TL