The High Court of Karnataka allowed a Criminal Petition under S. 482 Cr.P.C. to quash proceedings against the petitioner, ruling that Form DIR-11 proved her resignation as Director before the alleged investment, rendering the charge without substance.
The impugned proceedings in C.C.No.64/2018 insofar as petitioner-accused No.2 are hereby quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.507 OF 2019
BETWEEN:
SMT. NANDINI W/O. PRAVEEN T.H. AGED ABOUT 33 YEARS R/AT F-444 BRIGADE GOLDEN TRIANGLE HUSKUR VILLAGE, BIDARIHALLI HOBLI KATTANALLUR GATE BANGALORE – 560 049
ADDRESS AS MENTIONED IN THE CHARGE SHEET
DIRECTOR OF SHUBHADASRI CHITS (KARNATAKA) PVT. LTD. NO.968, OPP. BANDANTHAMMA TEMPLE NEW KANTHARAJA URS ROAD SARASWATHIPURAM MYSURU
...PETITIONER
(BY SRI KETHAN KUMAR, ADVOCATE)
AND:
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STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001
…RESPONDENTS (BY SRI S. VISHWAMURTHY, HCGP FOR R1; R2 SERVED)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THS PETITIONER (ACCUSED NO.2), PENDING BEFORE THE COURT OF THE 3RD ADDITIONAL SENIOR CIVIL JUDGE & CJM COURT, MYSORE IN C.C.NO.64/2018 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 420, 120B AND 34 OF IPC AND SECTION 76 READ WITH SECTION 79 OF CHIT FUNDS ACT 1982 AND SECTIONS 4 AND 5 OF THE PRIZE CHITS AND MONEY CIRCULATION SCHEME (BANNING) ACT 1978 AGAINST THIS PETITIONER (ACCUSED NO.2).
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The 2nd respondent lodged the FIR alleging that the petitioner and other accused who are the Directors of Shubhadrasri Chits (Karnataka) Private Limited, induced the 2nd respondent to invest in the chit fund and in all
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invested a sum of Rs.5,10,000/- (Rupees Five Lakh Ten Thousand only) and when he requested the petitioner and other accused for returning the money invested by him, the petitioner and other accused absconded and the premises in which the business was carried out was locked.
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6. I have considered the submissions made by
the learned counsel appearing for the parties.
Accordingly, proceeds to pass the following:
ORDER
The Criminal Petition is allowed.
The impugned proceedings in C.C.No.64/2018, pending on the file of III Additional Senior Civil Judge and
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CJM Court, Mysore, insofar as petitioner – accused No.2 is hereby quashed.
Sd/JUDGE
MR
1 issue framed by the court
Whether the Criminal Petition under S. 482 Cr.P.C. to quash proceedings against petitioner accused No.2, who claims to have resigned as Director of the company, should be allowed.
4 provisions across 4 enactments
Smt. NANDINI W/O. PRAVEEN T.H.
STATE OF KARNATAKA
SANDEEP BHARADWAJ S/O. SRINIVASA MURUTY
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
