High Court allowed a Criminal Petition under Section 482 Cr.P.C. to quash proceedings against petitioner-accused No.4 charged with forgery and cheating. The court held the charge sheet lacked substance as it contained no allegation of collusion or conspiracy.
Quashed proceedings in C.C.No.22538/2017 insofar as it relates to petitioner-accused No.4.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION No.3040 OF 2019
BETWEEN :
SMT. ASTAMIJA DASH, AGED ABOUT 57 YEARS, W/O AMBIKA PRASAD NANDA, R/AT NO.B1/21, HIG II, LINGARAJ VIHAR, POKHARIPUT HOUSING COMPLEX, BHUBANESWAR - 751 020.
AND ALSO R/AT:B-506, RAHEJA PARK, AGRAHARA, DASARAHALLI, MAGADI MAIN ROAD, BENGALURU – 560 010.
...PETITIONER
(BY SRI.SRINIVASA RAO S.S., ADVOCATE)
AND :
2
AND ALSO R/AT: FLAT NO.A-1-101, KAVERI BLOCK, NATIONAL GAMES VILLAGE, KORMANGALA, BENGALURU – 560 034.
...RESPONDENTS
(BY SRI.ROHITH B.J., HCGP FOR R1; R2 IS SERVED BUT UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET LAID BY THE I RESPONDENT POLICE AND THE ENTIRE PROCEEDING AGAINST THE PETITIONER PENDING ON THE FILE OF THE LEARNED V ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN CRIME NO.92/2016 NOW RENUMBERED C.C.NO.22538/2017, FOR THE OFFENCE P/U/S.465, 468, 471, 420 AND 120(B) R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Charge sheet is filed alleging that accused No.1
presented a fraudulent cheque in the name of M/s.Bal Pharma Ltd., with the complainant-Bank and upon
3
presentation, a sum of Rs.4,77,600/-was transferred to the bank account of accused No.1. Thereafter, the drawee informed the complainant-Bank that they are in possession of the original cheque and requested the complainant-Bank to take appropriate action against the accused. It is further alleged that accused No.2 without verifying the cheque has forwarded the said cheque for encashment which amounts to dereliction of duty.
4
submits that the petitioner-accused No.4 having not verified the genuineness of the cheque has committed an offence alleged against him and as such filing of the charge sheet against the petitioner-accused No.4 cannot be faulted with and sought for dismissal of the petition.
5
ORDER
i. Criminal petition is allowed.
ii. The impugned proceedings in
C.C.No.22538/2017 pending on the file of V Addl. CMM
Court, Bengaluru insofar it relates to petitioner-accused No.4 is hereby quashed.
Sd/JUDGE
RKA
2 issues framed by the court
Whether the charge sheet against the petitioner-accused No.4 lacks substantial allegations to constitute the offence of dereliction of duty.
Whether the Criminal Petition filed under Section 482 Cr.P.C. to quash proceedings against the petitioner-accused has merit.
2 provisions across 2 enactments
ASTAMIJA DASH
STATE OF KARNATAKA
S. SUKUMARAN
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
