IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.4636 OF 2019 Between:
1. Syed Hafiz S/o Syed Ameer Aged about 56 years Residing at No.89, AST Cross Deepanjali Nagara Bengaluru 560026 Authorised person for Asian Acero Industries.
2. Syed Maz Sultan S/o Syed Hafiz Aged about 25 years Residing at No.89, AST Cross Deepanjali Nagara, Bengaluru 560026 Authorised person for Asian Acero Industries.
3. Syed Maveez Rehman S/o Syed Hafiz Aged about 22 years Residing at No.89, AST Cross Deepanjali Nagara, Bengaluru 560026 Authorised person for Asian Acero Industries. … Petitioners (By:Sri Devarajaiah K.G., Advocate) And:
1. State of Karnataka By the S.H.O.
Kadugodi Police Station Bengaluru City Represented by the State Public Prosecutor High Court Building Annexe Bengaluru – 01.
2. Sri Himanshu Kansaria S/o Sri Mahabir Prasad Aged about 24 years Residing at Flat No.9076 Prestige Shantinikethan ITPL Road, Whitefield Road Bengaluru 560 048. ... Respondents (By:Sri Nasrulla Khan, HCGP for R1) This criminal petition is filed under Section 482 of Cr.P.C. praying to quash the FIR in Crime No.86/2019 against these petitioners which is pending on the file of the Hon’ble A.C.J.M. Bengaluru Rural, Bengaluru Rural District, for the alleged offence P/U/S 507, 504, and 420 of IPC.
This criminal petition coming on for admission this day, the Court made the following:-
ORDER The second respondent has filed FIR No.86/2019 on 28.03.2019 in Kadugodi Police Station alleging that during the course of his business transaction, he has transferred a sum of Rs.44,15,740/- towards electricity charges and in all paid a sum of Rs.2,45,40,060/- to M/s. Asian Acero Industries. Subsequently, he learnt that accused nos. 1 and 2 are not the partners of the said firm but impersonated themselves as partners. He contacted the firm to repay the amount. However, his request has been turned down. Therefore, he has registered an FIR in Kadugodi Police Station for offences punishable under Sections 507, 504 and 420 of IPC.
2. Sri. K. G. Devarajaiah, learned Advocate for petitioners submits that as per the complaint, an amount of Rs.44,15,740/- was transferred to M/s. Asian Acero Industries towards electricity charges and not Rs.2,45,40,060/-. Therefore, the transaction is civil in nature and hence, registration of complaint is abuse of process of law.
3. The learned HCGP adverting to the complaint pointed out that accused nos.1 and 2 have impersonated the original owners, but the money has been transferred to M/s. Asian Acero Industries. Therefore, the matter requires investigation.
4. I have carefully considered rival contentions and perused the records.
5. The case of the complainant is that based on representation of some persons impersonating as accused nos.1 and 2 who are not in fact the owners of M/s. Asian Acero Industries, he has transferred the aforementioned sum to the partners of M/s. Asian Acero Industries. The petitioners herein have disowned any connection with the transaction. Therefore, the veracity of claim made in the complaint and the claim of innocence pleaded by the petitioners requires investigation.
6. Hence, no ground is made out to interfere by exercising powers under Section 482 of Cr.P.C. Accordingly, the criminal petition is dismissed. No costs.
Sd/- JUDGE Np/-