IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4893 OF 2014 BETWEEN:
1. Sri.Shrawan Sharma Aged 52 years S/o Sri.Ramji Prasad Sharma Chief Mentor M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Door No.2, 4th Cross 16th Main, Balaji Layout Padmanabhanagar Bangalore – 560 070.
2. Sri.Aniketh Sharma Aged 27 years S/o Sri.Shrawan Sharma Nominal Director M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Door No.2, 4th Cross 16th Main, Balaji Layout Padmanabhanagar Bangalore – 560 070.
3. Sri.Rishibh Sharma Aged 25 years S/o Sri.Shrawan Sharma Nominal Director M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Door No.2, 4th Cross 16th Main, Balaji Layout Padmanabhanagar Bangalore – 560 070.
4. Sri.C.V.Gururaj Aged 46 years S/o late C.Venkataswamy Director M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Door No.214 B 1st Floor, 14th Main Road BSK I Stage, 2nd Block Bangalore – 560 050.
5. Sri.Pradeep Raj Gadia Aged 53 years S/o late Vishwanath Raj Gadia Nominal Director M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Palakshree Saree Showroom Seethamadi, Bihar Presently residing at No.C-1/21 Rajasthali Apartment Peetampur, Delhi – 110 034.
6. Sri.Babu M.B.
Aged 33 years S/o Sri.M.Basavegowda Consultant M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o No.12/6, Mahadevappa Building 100 feet Road, Ganigarapalya Bangalore – 560 062.
7. Sri.Chandra Aged 41 years S/o N.S.Basavaiah Consultant M/s.Vega Zeal Marketing Private Limited Bangalore – 560 086 R/o Door No.772 Bhogadhi, 2nd Stage North Mysore – 570 026.
8. Smt.Sarita Sharma Aged 51 years W/o Sri.Shrawan Sharma House wife, R/o Door No.2 4th Cross, 16th Main, Balaji Layout Padmanabhanagar Bangalore – 560 070.
(By Sri.K.C.Shantha Kumar, Advocate) AND:
1. The State of Karnataka Represented by the Sub-Inspector of Police Jayanagar Bangalore – 560 011.
2. The Police Inspector F & M Squad Central Crime Bureau (CCB) New Tharagpet Bangalore – 560 002.
3. Sri.Harsha Vijayakumar Aged 33 years S/o B.Vijayakumar R/o No.16, Naidhile 1st Main, Kuvempunagar …Petitioners Doddakalasandra Kanakapura Main Road Bangalore – 560 062.
...Respondents (By Sri.I.S.Pramod Chandra, SPP-II for R1 & R2 Smt.M.C.Nagashree, Advocate for R3) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings of the C.C.No.16319/2014 from the Court of the I Addl. C.M.M., Bangalore City, as devoid of jurisdiction and as resulting in a gross abuse of the process of the said Court and for preventing miscarriage of justice to petitioner and securing the ends of justice, the quashing of the proceedings would be necessary and that the same would secure the ends of justice and equity.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and learned SPP-II for respondent No.1 and learned counsel for respondent No.2.
2. Petitioners have sought to quash the proceedings in C.C.No.16319/2014 pending on the file of 1st Additional Chief Metropolitan Magistrate, Bangalore City.
3. The allegations against the petitioners is that the petitioners herein being the Directors of the Company and its agents and brokers collected huge sum of money from the prosecution witnesses and failed to refund the same. These allegations on the face of it indicate that right from the inception the petitioners were motivated with fraudulent and dishonest intention to cheat the public as well as the prosecution witness. The above allegations and the material produced in support thereof clearly make out the offences punishable under Sections 420 and 120B of IPC and Section 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. Hence, I do not find any justifiable reasons to quash the impugned proceedings.
For the said reasons, petition is dismissed.
Liberty is reserved to the petitioners to seek for their discharge on such other grounds available under law.
Prs* Sd/- JUDGE