IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5673/2013 BETWEEN SRI K SHIVAPPA S/O LATE KUTAPPA, AGED ABOUT 55 YEARS, R/O THAKERI VILLAGE, SOMWARPET, KODAGU DISTRICT-571401.
... PETITIONER (BY SRI RAMESH KUMAR R V, ADV.) AND 1. THE STATE BY SOMWARPET POLICE, REPRESENTED BY LEARNED ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 01.
2. THE MANAGER, IGOOR VYASAYA SAHAKARA BANK LTD., IGOOR, SOMWARPET TALUK, KODAGU DISTRICT - 571 401 (BY SRINIVAS K N) ... RESPONDENTS (BY SRI NASRULLA KHAN, HCGP FOR R-1, SRI RAVINDRA BABU, ADV. FOR R-2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET AS AGAINST THE PETR. IN C.C.NO.681/2010 ON THE FILE OF THE PRL. C.J. AND J.M.F.C., SOMWARPET, KODAGU DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has sought to quash the proceedings pending against him in CC No.681/2010 on the file of the Prl.Civil Judge and JMFC, Somwarpet for the offences punishable under Sections 420, 465, 468, 471 and 472 of IPC.
2. Heard learned counsel for the petitioner and learned HCGP for respondent. Counsel for respondent no.2 is not present and has not addressed any arguments.
3. The learned counsel for the petitioner has produced Annexure-D, copy of the resolution passed by the second respondent-Bank wherein the Committee has resolved to withdraw the proceedings pending on the file of Civil Judge and JMFC, Somwarpet in CC No.681/2010 and authorized the Chief Executive Officer to take necessary steps in that regard.
4. Respondent no.2 is duly served with the notice and the petition. Respondent no.2 has not chosen to traverse the averments made in the petition nor has he disputed the authenticity of the document Annexure-D. Annexure-D is issued by the Chief Executive Officer of respondent no.2- Bank as such, the genuineness or authenticity of the said document cannot be doubted. Since respondent no.2 has resolved to withdraw the proceedings initiated against the petitioner apparently on account of the settlement of dispute between the Bank and the petitioner herein, it is improper to continue the proceedings pending against the petitioner. Respondent no.2 has also not evinced any interest in challenging the petition before this Court making it evident that in view of the aforesaid resolution, the respondent is not interested in pursuing the allegations made against the petitioner. In the said circumstances, continuance of the proceedings against the petitioner would be nothing but an abuse of process of Court.
5. For the said reasons, the petition is allowed.
Proceedings pending against the petitioner in CC No.681/2010 on the file of the Prl.Civil Judge and JMFC, Somwarpet, are quashed.
Sd/- JUDGE Sk/- CT-HR