Allowed

Sri Palaiah O v. the State of Karnataka

Karnataka HC7 Aug 2023CRL.P/2072/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a criminal petition under Section 482 Cr.P.C., allowed the petition and quashed proceedings initiating against petitioners accused of cheating regarding non-payment for civil works. The court held the dispute was purely civil with a criminal texture to wreak vengeance.

What did the court decide?

The impugned proceedings in the private complaint and the impugned First Information Report are hereby quashed.

Sri Palaiah O Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:27781 CRL.P No. 2072 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.2072 OF 2021

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BETWEEN:

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SRI PALAIAH .O MANAGING DIRECTOR, AGE: 59 YEARS, KRIDL, CENTRAL OFFICE, GRAMEENABHIVRUDDHI BHAVAN, ANAND RAO CIRCLE, BANGALORE – 09.

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SRI B. VENKATESH INDIAN ADMINISTRATIVE SERVICE, EX-MANAGING DIRECTOR, AGE 59 YEARS, KRIDL, CENTRAL OFFICE, PRESENTLY MANAGING DIRECTOR, AGRICULTURAL DEPARTMENT, LALBAGH, BANGALORE – 04. ... PETITIONERS

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Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka

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(BY SMT. J.D. VINITA, ADVOCATE FOR SRI DEVENDRAPPA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY KADUR POLICE KADUR – 577 548. REPRESENTED BY S.P.P. (SPECIAL PUBLIC PROSECUTOR).

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SRI RAJASHEKAR R.M. S/O. MALLIKARJUNAIAH, AGED ABOUT 47 YEARS, CIVIL CONTRACTOR, HALEPETE, VEERABHADRESHWARA TEMPLE STREET,

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NC: 2023:KHC:27781 CRL.P No. 2072 of 2021

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BIRUR, KADUR TALUK, CHICKMAGALUR DISTRICT.

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... RESPONDENTS

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(BY SMT. RASHMI JADHAV, HCGP FOR R-1; DR. S.V. GIRIKUMAR, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE 1^st RESPONDENT POLICE BEFORE THE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC COURT, KADUR, CHIKMAGALURU IN PCR NO.62/2020 [CR.NO.3/2021] AGAINST THE PETITIONERS/ACCUSED UNDER SECTION 416, 418, 419 AND 420 OF IPC.

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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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Respondent No.2 had filed a private complaint under Section 200 of Criminal Procedure Code alleging that, he had undertaken seventeen civil works including ten works

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in Kadur and Birur Division and inspite of several requests, the petitioners herein refused to make payment with an intention to cheat him.

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Learned Magistrate referred the complaint to

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the police for investigation under Section 156 of Cr.P.C. The police registered FIR for the offence punishable under

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NC: 2023:KHC:27781 CRL.P No. 2072 of 2021

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Sections 418, 419 and 420 of the IPC taking exception this petition is filed.

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Learned counsel for the petitioner submits that the dispute between the parties with regard to the alleged non-payment of money towards execution of work is purely civil in nature. However, a private complaint was filed by respondent No.2 to pressurize the accused herein to arrive at a settlement. Hence, the continuation of investigation would be an abuse of process of law.

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Learned counsel for respondent No.2 submits that the allegation made in the private complaint discloses the commission of cognizable offences alleged against the petitioners herein and the veracity of the allegations requires to be investigated by the police and at this stage, the registration of FIR does not warrant any interference.

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Considered the submissions made by the

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learned counsel for the parties.

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4 - NC: 2023:KHC:27781 CRL.P No. 2072 of 2021

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The petitioners by making similar allegations had approached this Court in W.P.No.39048/2018, this Court by order dated 06.12.2018 directed the Karnataka Rural Infrastructure Development Limited, wherein the accused are the former Managing Directors, to consider the representation submitted by the complainant to release the money towards the work completed by him. Pursuant to the orders passed by this Court, the Karnataka Rural Infrastructure Development Limited passed an order dated 28.03.2019 rejecting the claim of the complainant and the same has attained finality. Such being the case, the complainant instead of pursuing his remedy to recover the money allegedly due had lodged a private complaint. Hence, the dispute between the parties is purely civil in nature. However, given a criminal texture to wreak vengeance and with revengeful intent. Hence, the continuation of the investigation would be an abuse of process of law. Accordingly, I pass the following:

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ORDER

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(i) Criminal petition is allowed.

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NC: 2023:KHC:27781 CRL.P No. 2072 of 2021

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(ii) The impugned proceeding in PCR.No.62/2020 on the file of Prl. Civil Judge (Jr.Dn.) & JMFC Court, Kadoor and the impugned First Information report in Crime No.3/2021 registered by the Kadoor Police Station are hereby quashed.

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(iii) The pending interim application does not survive for

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consideration.

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Sd/JUDGE

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Sri Palaiah O v. the State of Karnataka

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Sri Palaiah O v. the State of Karnataka

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