A borrower complained of exorbitant interest on a loan; police charged the petitioner under Section 420 IPC despite failing to substantiate the interest allegation. Holding that no offence of cheating was made out, the court quashed the proceedings and allowed the petition.
Proceedings against the petitioner in C.C.No.28413/2015 quashed.
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.
NC: 2024:KHC:24817 CRL.P No. 3778 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
CRIMINAL PETITION NO. 3778 OF 2019
BETWEEN:
V.P. NANDAKUMAR MANAGING DIRECTOR & CEO MANAPPURAM FINANCE LTD MANAPPURAM HOUSE VALAPAD, TRISSUR, KERALA - 680 567.
…PETITIONER
(BY SRI RAVI SHANKAR B, ADV.)
AND:
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. WAHEEDA M.M, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED 02.12.2015 PASSED BY THE XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU IN C.C.NO.28413/2015 TAKING COGNIZANCE FOR THE P/U/S.420 OF IPC AND ISSUING
NC: 2024:KHC:24817 CRL.P No. 3778 of 2019
PROCESS TO PETITIONER HEREIN, ANNEXED TO THE PETITION AS ANNEXURE-A.(b) CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.28413/2015 PENDING ON THE FILE OF THE XXIV ADDITIONAL CHIEF METROPOLITAN MAGISTRATE BENGALURU AND DISCHARGE THE PETITIONER/ACCUSED NO.1.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:24817 CRL.P No. 3778 of 2019
which the investigation has failed to substantiate, the police could not have laid a chargesheet for the offence under Section 420 of IPC. Hence, there is no justification to continue the proceedings against the petitioner. The proceedings against the petitioner are therefore quashed.
Sd/JUDGE
PKS
2 issues framed by the court
Could proceedings under Section 420 IPC be sustained against the petitioner when investigation failed to substantiate exorbitant interest charges?
Whether a charge sheet for cheating was justified when taking of the loan was admitted and only charging of high interest was alleged?
3 provisions across 3 enactments
V.P. Nandakumar
State of Karnataka by Inspector of Police, Yeshwanthpura Police Station
Sri Prakash Babu
N S Sanjay Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
