Dismissed

Sri Kartik Venkatesh v. the State of Karnataka

Karnataka HC26 Sept 2022CRL.P/100286/2022

Case brief

AI extract

What is this about?

A Criminal Petition under Section 482 Cr.P.C was dismissed. The petition sought to quash proceedings against the petitioner (Accused No.1) for offences under Sections 143, 500, 504, 149 IPC arising from a film production dispute. The High Court held the case was not a fit case for exercising inherent powers.

What did the court decide?

Petition under Section 482 Cr.P.C to quash criminal proceedings under Sections 143, 500, 504, 149 IPC is dismissed.

Sri Kartik Venkatesh Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2022)

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CRL.P.No.100286 /2022

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 26^TH DAY OF SEPTMEBER, 2022

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BEFORE

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THE HON’BLE MS.JUSTICE J.M.KHAZI

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CRIMINAL PETITION No.100286/2022

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BETWEEN :

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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SRI. KARTIK VENKATESH, AGE: 49 YEARS, OCC: FILM DIRECTOR, OFFICE AT:737/9, 60^TH CROSS, 5^TH BLOCK (OPP. VEIN CLINIC), NEAR NAGRAJ, HERIGE HOSPITAL, RAJAJI NAGAR, BENGALURU-560010.

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…ACCUSED/PETITIONER

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(BY SRI. MADANGOUDA N. PATIL., ADVOCATE)

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AND

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THE STATE OF KARNATAKA, THROUGH DHRWAD RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA,

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DHARWAD-580011.

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MALLIKARJUN S/O. DEVENDRAPPA

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ROTTIGAWAD, AGE: 51 YEARS, OCC:FILM DIRECTOR, R/O. KANAVIHONNAPUR, TALUK & DISTRICT: DHARWAD-580114.

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…COMPLAINANTS/RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH., HCGP FOR R1)

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(BY SRI. S. S. DODDALINGANNAVR., ADVOCATE FOR R2)

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CRL.P.No.100286 /2022

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C., TO QUASH THE ENTIRE PROCEEDINGS AGAINST THIS PETITIONER IN CC NO.3759/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM DHARWAD FOR THE OFFENCE U/S.143, 500 AND 504 R/W. SECTION 149 OF IPC VIDE ANNEXURE-A AND ACCORDINGLY THE ORDER DATED 23.08.2021 PASSED IN PCR NO.3/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM DHARWAD VIDE ANNEXURE-C.

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THIS PETITION HAVING BEEN HEARD AND RESERVED ON 09.09.2022, COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner, who is arraigned as accused No.1, has filed this petition under Section 482 of Cr.P.C, with a prayer to quash the criminal proceedings in C.C. No. 3759/2021 on the file of I-Additional Senior Civil Judge and CJM, Dharwad, for the offences punishable under Sections 143, 500, 504 r/w/s.149 of IPC, pursuant to cognizance taken in PCR No.3/2020.

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CRL.P.No.100286 /2022

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It is the case of the petitioner that

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respondent No.2 filed a complaint stating that he is a Director, Producer and Actor by Profession and owner of MDR Film Institute. He is engaged in making of Kannada Movie “Adivasi Raju” under the banner of MDR Film City.

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He entered into an agreement with petitioner on 09.11.2019 for providing Camera essentials for shooting, outdoor shooting unit and post including censor approval. He has also entered into an agreement with accused Nos.2 and 3 who agreed to work as technical Director and Co-actor in the said Film.

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2.1. Pursuant to the instigation by accused No.1,

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accused No.2 to 5 formed whatsapp groups with the title “Adivasi Raju”, without his consent added complainant also to the said whatsapp group and started posting about 250 defamatory voice messages against the complainant in the said group. Even though, complainant exited from the said whatsapp group, accused persons again added him. When complainant

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CRL.P.No.100286 /2022

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questioned it, they gave evasive reply and abused the complainant.

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2.2. The accused persons have created a new

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whatsapp group and started posting false messages that complainant is suffering from Corona, he cannot see and hear properly, he is enjoying life at such a ripe age and he appears to be a devil and thereby accused persons have damaged the reputation of the complainant’s institution in the eye of public. Due to the same, no actors and technicians are coming forward to work under complainant’s banner and causing mental harassment. Though complainant approached the jurisdictional police in order to file complaint, they have refused to receive the same and therefore he has filed private complaint for the offences punishable under section 143, 500 and 504 read with section 149 of IPC.

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2.3. Without application of mind, the trial Court

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has taken cognizance and issued summons against

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CRL.P.No.100286 /2022

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accused Nos.1 to 5 including the petitioner. Challenging the same this petition is filed.

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Respondent No.1 has appeared through High

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Court Government Pleader.

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Respondent No.2 has also appeared through

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counsel.

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During the course of arguments learned counsel representing the petitioner submitted that to extract money from the petitioner, respondent No.2 has filed a false complaint. The matter between them is of Civil nature and the provisions of Sections 143, 500, 504 read with section 149 of IPC are not attracted and prays to allow the petition.

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On the other hand learned counsel for respondent No.2 has submitted that respondent No.2 and petitioner entered into an agreement for supplying of camera essentials and also to provide outdoor

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CRL.P.No.100286 /2022

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shooting unit and post production including the censor approval. Accused Nos.2 and 3 agreed to work as Technical Director and Co-actor in the film. In this regard petitioner has received Rs.4,50,000/- out of total sum of Rs.6,50,000/-. However, after shooting for 15 days, when the complainant checked the footage, he found that the footage is not of the good quality as the camera supplied was not as per required quality. When the complainant confronted accused No.1/petitioner, he was annoyed and therefore on the instigation of petitioner-accused No.1, the remaining accused i.e. accused No.2 to 5 formed a whatsapp group by name “Adivasi Raju” without his consent added complainant also to the said whatsapp group and started posting about 250 defamatory voice messages against the complainant in the said group. Even though, complainant exited from the said whatsapp group, accused persons again added him. When complainant questioned it, they gave evasive reply and abused the

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CRL.P.No.100286 /2022

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complainant with the intention of tarnishing his image. He would further submit that based on the material placed on record the trial Court has rightly taken cognizance and issued summons and prays to dismiss the petition.

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The learned High Court Government Pleader

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has also supported the steps taken by the trial Court and sought for dismissal of the petition.

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Heard the arguments and perused the

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materials on record.

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It is not in dispute that respondent No.2 in

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order to make a Kannada Movie by name “Adivasi Raju”, entered into contract with petitioner, wherein he has agreed to furnish camera essentials, outdoor shoot unit and also post production work including obtaining approval of Censor certificate. It is also not in dispute that out of Rs.6,50,000/- he has agreed to receive Rs.4,50,000/-. Difference of opinion has raised between

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CRL.P.No.100286 /2022

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the petitioner and respondent No.2 on the allegations that the camera essentials supplied by petitioner is not of good quality and after differences arose, petitioner has sent several messages in the whatsapp group which are defamatory in nature.

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The learned counsel for the petitioner submitted that the transaction between the petitioner and respondent No.2 is civil in nature. It may be true that the transaction is also of civil in nature. However, at the same time having regard to the allegations made that the intention of the petitioner was to cheat respondent No.2 and also the messages were sent with

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a view to defame him, they also attract a penal provisions of Sections 143, 500, 504 read with section 149 of IPC. Therefore rightly the trial Court has taken cognizance. It is for the respondent No.2 to prove the allegations at the trial. Without providing opportunity to him to prove his case, the proceedings cannot be

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CRL.P.No.100286 /2022

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quashed. Certainly, the continuation of the proceedings

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does not amount to abuse of process of any Court.

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Thus from the above discussion, I hold that

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this is not a fit case to exercise the inherent powers under Section 482 of Cr.P.C and accordingly, I proceed to pass the following;

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ORDER

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Petition filed by the petitioner/ accused No.1 under

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Section 482 of Cr.P.C is hereby dismissed .

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Sd/JUDGE

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PJ/yan

Sri Kartik Venkatesh v. the State of Karnataka

Case brief

What is this about?

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Sri Kartik Venkatesh v. the State of Karnataka

Case brief

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What did the court decide?

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