Dismissed

Satish R Shet v. State of Karnataka by

Karnataka HC2 Dec 2021CRL.P/2003/2017

Case brief

AI extract

What is this about?

Crl.P.No.2003/2017 filed under Section 482 Cr.P.C. seeking quashing of FIR under Sections 406, 420 IPC. The court noted serious factual disputes regarding the complainant's age and payment receipt, deemed the case appropriate for trial to allow the petitioner to clear his name.

What did the court decide?

The criminal petition and connected I.A. Nos. 1/2020 and 2/2021 were disposed of; the petitioner is required to clear his name in the trial.

Satish R Shet Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF DECEMBER, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

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CRIMINAL PETITION No.2003/2017

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BETWEEN

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SATISH R. SHET S/O. MR. RAMADAS SHET AGED ABOUT 45 YEARS, NO. 660/2, 12^TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BENGALURU - 560 040. ... PETITIONER

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[BY SRI. K.R. KESHAVAMURTHY, ADV. (PHYSICAL HEARING)]

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AND

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STATE OF KARNATAKA BY INSPECTOR OF POLICE MALLESWARAM POLICE STATION MALLESWARAM, BENGALURU - 560 003. REP. BY SPP, HIGH COURT OF KARNATAKA, AT BENGALURU - 01

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AKASH ARUN

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S/O. S. ARUN KUMAR, AGED ABOUT 21 YEARS, NO.27, 9^TH CROSS, 7^TH MAIN, MALLESWARAM, BENGALURU - 560 003. ` ... RESPONDENTS

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[BY SRI. R.D. RENUKARADHYA, HCGP FOR R1

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(PHYSICAL HEARING); SMT. B.P. RENUKAMBA, ADV. FOR R2 (PHYSICAL HEARING)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR IN CR.NO.33/2016 REGISTERED BY THE RESPONDENT NO.1 POLICE WITH THE FILING OF THE FIR BEFORE THE IV ACMM, BANGALORE AGAINST THE PETITIONER FOR THE ALLEGED OFFENCES P/U/S 406, 420 OF IPC, WHICH IS PRODUCED AT ANNEXURE-A AND GRANT COST OF THIS PETITION.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court calling in question the proceedings in Crime No.33/2016 pending before the IV Additional Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

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Heard Sri. K.R. Keshavamurthy, learned counsel appearing for the petitioner, Sri.

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R.D.Renukaradhya, learned HCGP for respondent No.1, learned counsel appearing for respondent No.2

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Smt. B.P. Renukamba and have perused the material on record.

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Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:

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The complainant is the son of one S.Arun Kumar. Several proceedings are instituted between the petitioner and S.Arun Kumar, which were the subject matter of challenge before this Court in Crl.P.No.1633/2017 and connected cases, which came to be disposed by an order of this Court dated 17.08.2021. This is one such transaction between the family of the complainant and the petitioner. The complainant here is the son of the complainant in all the other cases.

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The complaint is for alleging offences punishable under Sections 406 and 420 of IPC. The complaint reads as follows:

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" From Mr. Akash Arun S/o. S. Arun Kumar, Age 20 Years No.73/1, 15^th Cross, 6^th main Malleshwaram, Bangalore - 560 055

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TO, The Inspector of police Malleshwaram police station Malleshwaram Bangalore 560003

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Sri.

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My Father Arun Kumar has been running a Company as one of the directors of M/S Compulease networks pvt Ltd, No.27, 9^th cross 7^th Main, Malleshwaram as M/S Dell technologies in the same premises. I am a BBM graduate and was aspiring to study Management of Business Admisistration Courts during the month of November 2014.

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During That time when I was preparing for the BBM degree Examinations, Mr.Sathish R Shet Approached me at my residence and offered and assured to get me a seat in IIM Bangalore for the academic year 2014 and 2015, Stating that he has got high influence

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and Top connection in the well known educational institutions and top most colleges in Bangalore. Since he was known to my father I had believed his Versions without suspecting any Malafides. He had also informed me that he had got seats to various persons in Indian institute of management in Bangalore through his connections and for getting the sear he demanded Rs.15,00,000 as advance amount for reservation of seats.

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I informed this fact to my father who also informed me that he is unable to get me a seat in IIM Bangalore and if there is any such chance of getting the seat, the same can be tried. In good faith we made the payment of the sum of Rs.10,00,000/- as advance amount to him by drawing the same from my SB account No.64074168484 Standing in SBM, Malleshwaram, Bangalore 560003 on 23-01-2014.

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After collecting the Said sum of Rs.10,00,000/- from Me., he informed me that He would get me a seat in IIM Bangalore for the academic year 2015-16. But later on he

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started avoiding my and gave Evasive replies and failed to respond positively. When I approached IIM Bangalore, I was informed that they are un-aware any of such persons an there is no such provision to provide admissions. With the said verification I was confirmed that Said person has Committed Criminal breach of trust and cheated me.

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Therefore I request you to kindly enquire into the matter and take necessary action against said person for the offences committed by him and do justice to me in the matter."

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The complaint narrates that he is aged 20

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years as on 16.03.2016 and was wanting to pursue his Post Graduate Management course in the Indian Institute of Management in the year 2014-15 and for that purpose, the petitioner had lured him and induced him to pay an amount of Rs.15,00,000/- as advance amount for reservation of such seat.

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Learned counsel appearing for the petitioner

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would seriously dispute the contents and the veracity of the complaint. As according to him, if the complainant wanted a seat for a Post Graduate course in Indian Instituted of Management, he at least ought to have been 20 years in the academic year 2014-15. According to the complaint, he is 20 years in the year 2016 and therefore, he would contend that the complaint is mischievous and false.

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On the other hand, learned counsel

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appearing for the complainant would seek to place on record the SSLC marks card of the complainant, which depicts that the complainant was born in the year 1994 and was 22 years at the time of registration of the compliant. With regard to the amount that the petitioner has received, the learned counsel appearing for the petitioner also places reliance upon a receipt that is given by the complainant's family towards

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receiving of Rs.10,00,000/-, which according to the learned counsel is the amount that was paid by way of cheque as is found in the compliant.

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Therefore, in the light of these seriously disputed questions of fact and the allegation being for offences punishable under Sections 406 and 420 of IPC, I deem it appropriate to dispose the petition for the petitioner to come out clean in the trial.

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The Investigating Officer who is conducting investigation into the matter before filing the charge sheet shall take note of the receipt dated 22.01.2015, which according to the learned counsel appearing for the petitioner is already placed before the Investigating Officer and the documents that the learned counsel for the complainant would also seek to place reliance upon.

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With the aforesaid observations, the criminal petition stands disposed.

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In view of the disposal of the main petition,

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I.A.Nos.1/2020 and 2/2021 also stand disposed.

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Sd/JUDGE

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Satish R Shet v. State of Karnataka by

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Satish R Shet v. State of Karnataka by

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