IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.467 OF 2012 C/W CRIMINAL PETITION NO.465 OF 2012, CRIMINAL PETITION NO.519 OF 2012, CRIMINAL PETITION NO.66 OF 2012, CRIMINAL PETITION NO.521 OF 2012, CRIMINAL PETITION NO.520 OF 2012, CRIMINAL PETITION NO.522 OF 2012 In Crl.P.No.467/2012:
Between:
Sri. N.S. Kannan, Executive Director, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.465/2012:
Between:
Sri. K. Ramkumar, Executive Director, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.519/2012:
Between:
Sri. M.S. Ramachandran, Executive Director, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.66/2012:
Between:
Sri. K.V. Kamath, Chairman, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.521/2012:
Between:
Smt. Chandra D. Kochhar, Managing Director & CEO, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S.Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.520/2012:
Between:
Sri. Homi R. Khusrokhan, Executive Director, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
In Crl.P.No.522/2012:
Between:
Sri. Rajiv Sabharwal, Executive Director, ICICI Bank Limited, ICICI Bank Towers, C-15, G Block, Bandra Kurla Complex, Bandra (E), Mumbai – 400 051. …Petitioner (By Sri. Vivek Holla, Advocate) And:
1. M.B. Manoj Kumar, Proprietor, M/s. Office Nine2Nine, Dr. Groove Apartments, III Floor, I Main, RMV II Stage, Bengaluru – 560 094.
Represented by GPA Holder, V. Venkatesulu, S/o. Late Govindappa, Aged about 42 years, Residing at Dr. Groove Apartments, II Floor, I Main, Dollors Colony (H.I.G), RMV II Stage, Bengaluru – 560 094.
2. State of Karnataka, Represented by SHO, Ashoknagar Police Station, Commissirait Road, Bengaluru – 560 025. ...Respondents (By Sri. Venkatesulu V., Advocate for Sri. G. Raghunandan, Advocate for R1; Sri. I.S. Pramod Chandra, SPP-II for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to set aside the order dated 29.10.2011 passed in PCR No.223/2011 pending on the file of the XI Additional C.M.M., Bengaluru and to quash the private complaint in PCR No.223/2011 and the FIR dated 03.11.2011 lodged by the Ashoknagar Police.
These Criminal petitions coming on for Admission, this day, the Court made the following:
O R D E R Respondent No.1 filed a private complaint against the petitioners herein and other accused persons seeking action for the offences punishable under Sections 149, 201 and 420 of IPC.
2. The said complaint was referred for investigation under Section 156(3) of Cr.P.C. by the Magistrate and based on the said complaint, Crime No.406/2011 is registered under Sections 201, 149 and 420 of IPC. The petitioners herein are shown as accused Nos.1 to 7.
3. The allegations made against the petitioners find place at para 8 of the private complaint, which read as under:
“8. It is further submitted that the Accused Company failed to make payment of commission amount of Rs.27,35,956.86 for the business done for the period from November 2007 to January 2008 to the Complainant. All the efforts made by the Complainant in person and through correspondence, to secure the commission amount have failed. The Complainant was later given to understand through reliable sources during his efforts to collect the commission from the Accused Company that the Accused Nos.3 to 9 have colluded and falsified and altered the accounts pertaining to the Complainants business with the Accused Company to the tune of Rs.3,92,69,000/- (Rupees three crores ninety two lakhs and sixty nine thousand only) and the Accused 3 to 9 all of them together have siphoned the 3% commission on the said amount which works out to Rs.11,78,070/- (Rupees eleven lakhs seventy eight thousand and seventy only) which the Complainant was legally entitled and besides the accused persons have shared the said amount among themselves with a common intention to cheat the complainant.”
4. The learned counsel for the petitioners at the outset submits that going by the averments made in the complaint, dispute raked up by the complainant/respondent No.1 is purely civil in nature; respondent No.1 has given colour of criminal offences to the alleged claim to get over the limitation. Further he submits that respondent No.1 was appointed as agent by the ICICI Bank Ltd., as per the Franchisee Agreement dated 28.05.2005 to procure customers for the Bank. On account of the malpractices committed by respondent No.1, the said agreement was terminated on 07.01.2008. Respondent No.1 issued a notice dated 20.09.2010 calling upon the petitioners herein and the ICICI Bank to pay a sum of Rs.27,35,956.86/- with interest at 18% per annum. The claim made by respondent No.1 was denied by the Bank as well as the petitioners herein. The instant complaint contains the very same allegations and is calculated to pressurize the petitioners to agree to the illegal claim made by respondent No.1, which is a clear abuse of the process of Court. Thus seeks to quash the impugned complaint and the FIR.
5. The learned counsel for respondent No.1 prays time to make his submission. Prayer is rejected.
6. It is pertinent to note that in para 8 of the complaint, it is alleged that the complainant was later given to understand through reliable source that the accused-company and accused Nos.3 to 9 have colluded and falsified and altered the accounts pertaining to the complainant’s business with the accused company to the tune of Rs.3,92,69,000/- and the accused Nos.3 to 9 all of them together have siphoned 3% commission on the above said amounts, which works out to Rs.11,78,070/- only, which the complainant was legally entitled to. These contentions require the complainant to substantiate his case before proceeding against the petitioners for criminal action. It is a stale claim which is not supported by any prima- facie material making it evident that the criminal process is resorted by the respondent in respect of a civil dispute.
Under the said circumstances, prosecution of the petitioners for the alleged offences is wholly illegal and an abuse of the process of Court. Consequently, all the petitions are allowed. The proceedings initiated against the petitioners in PCR No.223/2011 pending on the file of the XI Addl. Chief Metropolitan Magistrate, Bengaluru and FIR registered in Crime No.406/2011 lodged by Ashoknagar Police, are quashed.
Sd/- JUDGE SV