Criminal petition under Section 482 Cr.P.C. seeking quashing of proceedings alleging breach of trust under Section 408 IPC. Court held ingredients not established and quashed proceedings.
Petition allowed; pending proceedings in C.C.No.117/2023 against the petitioner quashed.
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NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.100208 OF 2024
BETWEEN:
…PETITIONER
(BY SRI VIJAY M MALALI, ADVOCATE)
AND:
Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
TQ. RABAKAVI-BANAHATTI, DIST. BAGALKOT-587311.
…RESPONDENTS
(BY SMT GIRIJA HIREMATH, HCGP FOR R1; SRI NEELENDRA GUNDE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.117/2023 PENDING BEFORE THE COURT SENIOR CIVIL JUDGE AND JMFC, BANAHATTI, IN CONNECTION WITH THE BANAHATTI POLICE STATION FOR THE OFFENCE PUNISHABLE U/S 408 OF IPC, AS AGAINST THE ACCUSED THEREIN/PETITIONER HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE V.SRISHANANDA
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri Vijay M. Malali, learned counsel for the petitioner, Smt. Girija Hiremath, learned High Court Government Pleader for the respondent No.1/State and Sri Neelendra D. Gunde, learned counsel for the respondent No.2.
“Wherefore, it is respectfully prayed that, this Honb’le Court may kindly pleased to quash the entire proceedings in C.C.NO.117/2023 pending before the Hon’ble Court Senior Civil Judge and JMFC Banahatti, in
connection with the Banahati Police Station for the Offence punishable U/Sec 408 of IPC, as against the Accused therein/petitioner herein and grant such other and further relief as this Hon’ble Court may be deem fit, in the interests of justice.”
petition are as under:
A complaint came to be lodged by the second respondent herein with Banahatti Police, Bagalakot District on 24.10.2022 alleging that the petitioner being the Secretary of Byakoda Thota Halu Utpadakara Sahakara Sangha Niyamitha, Chimmada was in the process of getting the milk supplied to the Society which in turn was distributed to the customers, whenever such milk is brought to the Society, it would be accepted by the Secretary by getting the signatures of the persons who would supply the milk to the Society.
NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
manipulated and converted into resignation letters and therefore, sought for action.
NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
Sri Neelendra Gunde, learned counsel for respondent No.2 support the order of taking cognizance.
Government Pleader has contended that when the police have investigated the matter, they came to know about the mischief done by the petitioner which would amounts to misappropriation. Therefore, filing of the charge sheet under Section 408 IPC is justified.
respondent alleging that the signatures obtained on the blank papers have been converted into resignation letters.
Section 408 IPC, the following ingredients are to be established by the prosecution:
acknowledgement by the Society by getting the signatures of the suppliers on the requisite papers could not be entrusting of the property with the petitioner herein.
NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
NC: 2024:KHC-D:17903 CRL.P No. 100208 of 2024
21. Accordingly, the following:
ORDER
(ii) Pending proceedings in C.C.No.117/2023, pending on the file of Senior Civil Judge and JMFC., Banahatti as against the petitioner herein stands quashed.
Sd/-
(V.SRISHANANDA) JUDGE
MR List No.: 19 Sl No.: 2
3 issues framed by the court
Whether the ingredients of the offence of breach of trust under Section 408 IPC are made out to warrant proceeding against the petitioner.
Whether the trial court erred in taking cognizance of the offence without sufficient material substantiating breach of trust.
Whether quashing of proceedings would be in the interests of justice to prevent abuse of court process.
2 provisions across 2 enactments
Parappa S/o Yellappa Byakod
State of Karnataka
Vittal S/o Sidappa Karjol
V.Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
