Criminal petition under Section 482 Cr.P.C. sought quashing of FIR where petitioner was a surety for a loan default. Court found close nexus and refused separation of surety from accused, dismissing the petition at admission stage.
Petition for quashing of Crime No.57/2020 dismissed; Liberty reserved to approach Court after charge sheet.
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1 CRL.P. No.4935 OF 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF OCTOBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ
CRIMINAL PETITION NO.4935 OF 2020
BETWEEN:
ADAM AGED ABOUT 55 YEARS S/O ABDULLA R/O MURA HOUSE, NEHRY NAGARA KABAKA VILLAGE PUTTUR TALUK, D.K. DISTRICT KARNATAKA-574241 ... PETITIONER
(BY SRI.ABDUL ANSAR.P, ADVOCATE)
AND:
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, PRAYING TO QUASH THE FIR IN CR.NO.57/2020 ON THE FILE OF THE PUTTUR TOWN POLICE
CRL.P. No.4935 OF 2020
2
D.K. DISTRICT, FOR AN OFFENCE P/U/S 406, 420 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND ACJM COURT, PUTTUR.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THROUGH VIDEO CONFERENCE THE COURT MADE THE FOLLOWING:
ORDER
the distributor and accused No.1 had taken
CRL.P. No.4935 OF 2020
3
delivery of the vehicle, accused No.1 had not submitted the necessary documents for hypothecation of the said car to the said bank. In view thereof, a complaint came to be filed on 20th August 2020 with the respondent No.1 alleging that accused No.1 always intended to cheat the Bank after taking delivery of the car. Accused No.1 has not made payment of any amounts to the said Bank nor the documents have been furnished and infact the Bank sought for action to be initiated in terms of complaint registered.
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as against the petitioner and not arrayed as an accused in the criminal complaint filed and prays that the entire proceedings may be quashed.
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petitioner further contends that on account of moratorium declared by the Reserve Bank of India, there is no requirement for the accused No.1 to make payment of installments. In regards thereto, petitioner also produced the statement of account of accused No.1. These facts indicate a close nexus between the petitioner and accused No.1.
Liberty is reserved to the petitioner to approach this Court once the charge sheet is filed.
Sd/JUDGE
Prs*
2 issues framed by the court
Whether a surety can be separated from the main accused for the purpose of quashing criminal proceedings involving breach of loan conditions.
Whether facts indicating a close nexus between the petitioner and the principal accused justify dismissal of the quashing petition at the admission stage.
2 provisions across 2 enactments
Adam
The State of Karnataka
Sharun Pinto
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
