IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.9533 OF 2018 (GM-RES) BETWEEN:
SRI. HARSHA SIMHA S.R S/O SRI. RADHAKRISHNA AGED ABOUT 33 YEARS RESIDING AT NO.1038 RAILWAY PARALLEL ROAD KENGERI SATELLITE TOWN BENGALURU-560 060 …PETITIONER (BY SHRI. H. GIRIDHAR, ADVOCATE) AND:
1. STATE OF KARNATAKA BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DR.AMBEDKAR VEEDHI BENGALURU-560 001 2. SRI. ANJAN KUMAR K S/O LATE C. KALARASAIAH AGED ABOUT 57 YEARS RESIDING AT NO. 278/26 59TH CROSS, 3RD BLOCK RAJAJINAGAR BENGALURU-560 010 ... RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP FOR R-1;
SHRI. PRAVEEN HEGDE, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO QUASH THE ANNEXURE-B COMPLAINT DTD:14.9.2017 LODGED BY THE R-2 REGISTERED AS CRIME NO.0369/2017 BY THE R-1 AS PER ANNEXURE-A FIRST INFORMATION REPORT AS AGAINST THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner has challenged FIR No.369/2017 dated 14.09.2017 registered in Kengeri Police Station.
2. Shri Giridhar.H., learned advocate for the petitioner submitted that the second respondent filed the instant complaint alleging inter alia that he had invested Rs.2,00,00,000/- with the petitioner as per investment/loan agreement dated 25.07.2015. Petitioner and his wife had issued cheques for Rs.10,00,000/- each and the same have been dishonoured. He further submitted that the transaction inter se between the parties is purely civil in nature and criminal proceedings have been initiated to arm-twist the petitioner. In these circumstances, he prays for quashing of criminal proceedings by allowing this petition.
3. Shri Praveen Hegde, learned advocate for second respondent and Shri Rachaiah, learned HCGP for the State argued in support of the FIR. They contended that in addition to the details regarding investment, the complaint also contains allegations that petitioner had used anti-social elements to threaten the second respondent.
4. I have carefully considered the rival submissions and perused the records.
5. Learned advocate for the complainant has made available a copy of the investment/loan agreement dated 25.07.2015 between the petitioner and his wife on one side and complainant on the other. The said agreement shows that a sum of Rs.30,00,000/- was paid on 07.09.2015 by cheque No.799092 and the balance of Rs.1,70,00,000/- was paid by cash. Clause 9 of the agreement records that parties shall be governed by the Indian Contract Act. In the complaint dated 14.09.2017, complainant has stated that he is a tax consultant and has invested Rs.2,00,00,000/- with the accused. Thus, facts on record show that parties entered into investment/loan agreement dated 25.07.2015 out of which, the instant complaint has stemmed out. If the parties are ad idem on the terms as per the agreement entered between them, the complaint in the instant form alleging criminal acts, in the opinion of this Court amounts to abuse of process of law, because it is recorded in the agreement that parties shall be governed by the Indian Contract Act.
6. In the circumstances this petition is allowed and all proceedings in Crime No.369/2017 registered on 14.09.2017 before Kengeri Police Station, now pending on the file of 56th Additional CMM Court, Bengaluru are quashed.
No costs.
Yn.
Sd/- JUDGE