IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7663/2014 C/W CRIMINAL PETITION NO.7598/2014 IN CRL.P.No.7663/2014 BETWEEN:
MS. VILAS, S/O MR.VB HIREGOWDAR, AGED ABOUT 41 YEARS, RESIDING AT NO.303, B.BLOCK, WHISPERING MEADOWS, 2ST MAIN ROAD, HIG DOLLARS COLONY, RMV 2ND STAGE, BANGALORE – 560 094.
(BY SRI.SIJI MALAYIL, ADVOCATE) AND:
1. THE STATE BY HAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, CUBBON PARK, BANGALORE – 560 001.
…PETITIONER 2. EZONE CLUB, CHINNAPPANAHALLI (PVT) LTD., NO.23/24, CHINNAPPANAHALLI, MAHADEVPURA OUTER RING ROAD, NEAR MARATHAHALLI BRIDGE, BANGALORE – 560 037.
... RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP – II FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRYAING TO QUASH THE FIR IN CRIME NO.0787/2014 DATED 20.10.2014 OF THE RESPONDENT NO.1 POLICE STATION IN RESPECT OF THE PETITIONER/ACCUSED NO.1 FOR OFFENCES P/U/S 420 R/W 34 OF IPC. PENDING ON THE FILE OF X-ACMM COURT, AT BANGALORE.
IN CRL.P.No.7598/2014 BETWEEN:
MS. MAMATHA, W/O MR.G.V.VILAS, AGED ABOUT 37 YEARS, RESIDING AT NO.303, B.BLOCK, WHISPERING MEADOWS, 2ST MAIN ROAD, HIG DOLLARS COLONY, RMV 2ND STAGE, BANGALORE – 560 094.
(BY SRI.SIJI MALAYIL, ADVOCATE) …PETITIONER AND:
1. THE STATE BY HAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, CUBBON PARK, BANGALORE – 560 001.
2. EZONE CLUB, CHINNAPPANAHALLI (PVT) LTD., NO.23/24, CHINNAPPANAHALLI, MAHADEVPURA OUTER RING ROAD, NEAR MARATHAHALLI BRIDGE, BANGALORE – 560 037.
REPRESENTED BY MANAGING DIRECTOR ARVINDA REDDY.
... RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP – II FOR R1; SRI.K.N.SUBBA REDDY, SR. ADV., FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRYAING TO QUASH THE FIR IN CRIME NO.787/2014 DATED 20.10.2014 OF THE RESPONDENT NO.1 POLICE STATION IN RESPECT OF THE PETITIONER/ACCUSED NO.2 FOR OFFENCES P/U/S 420 R/W 34 OF IPC PENDING ON THE FILE OF X-ACMM, BANGALORE.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R 1. Heard Sri Siji Malayil, learned counsel for the petitioner/accused No.1 - Sri.Vilas G.V. in Crl.P.No.7663/2014 and petitioner/accused No.2 – Smt.Mamatha, wife of accused No.1 in connected petition Crl.P.No.7598/2014.
2. Time sought for by the learned counsel for respondent No.2 to procure further documents is rejected.
3. The petitioners have invoked the jurisdiction of this Court under Section 482 of Cr.P.C. seeking to quash the FIR in Crime No.787/2014 registered for the offence punishable under Section 420 r/w 34 of IPC.
4. The material allegations leveled against the petitioners are that accused No.1-Vilas and the complainant had entered into a partnership by way of ‘Memorandum of Understanding’ dated 27.08.2014 to organize an event by name “The Great Indian October Fest”. A joint account in the name of ‘Common Colors’ was opened in Bank of Baroda, Marthahalli Branch, for the purpose of executing payments to artist and vendors. As per the MOU, the complainant transferred funds into the joint account and also made several cash payments to many vendors. However, accused No.1 did not make any payments to the vendors. It is further alleged that accused No.1 had signed a contract with “Book My Show” and misappropriated money and thereby cheated the complainant. It is further alleged that accused No.1 had also received 75% of the total sponsorship amount from ‘Kingfisher’ amounting to Rs.90 lakhs in cash and Rs.60 lakhs in the form of advertisement for the event and deposited it in his different “Common Colors” company account, and thus received approximately Rs.55 lakhs from ‘Kingfisher’ and Rs.11 lakhs from ‘Book My Show’ and when he was questioned, he failed to furnish any accounts of expenditure to the complainant.
5. Learned counsel for the petitioners/accused has referred to the Memorandum of Understanding (MOU) entered into between ‘M/s.Common Colors Entertainment Private Limited’ and ‘M/s.E-Zone Club Private Limited’ dated 27.08.2014. The said agreement specifies the terms and conditions with regard to the production of the event as well as the investment to be made by the respective parties therein and also the terms for sharing revenues.
6. Clause No.19 of the said MOU reads as under:
“MOU shall be governed by the Laws applicable in India. In the event of any dispute between the Parties in respect of this MOU, the Courts in Bangalore shall have exclusive jurisdiction in respect of such dispute.”
7. A reading of the complaint does not indicate that the complainant has raised any dispute pertaining to the failure of the petitioners herein to perform their part of the contract. On the other hand the very nature of transaction entered into by the parties indicate that dispute between the parties is of civil nature and the complaint is intended to recover the amount allegedly due to the complainant which amounts to abuse of process of the Court. Hence, the petitions deserve to be allowed.
8. In the result, the petitions are allowed.
The FIR registered by the HAL Police against the petitioners in Cr.No.787/2014 for the offences punishable under Section 420 r/w 34 of IPC is hereby quashed.
9. Since the main petition is allowed, I.A.No.1/14 filed for stay does not survive for consideration. Accordingly I.A.-1/2018 is dismissed.
Sd/- JUDGE TL