Petitioners, accused Nos.1 and 2 in a cheating case as office-bearers of an NGO that accepted barred donations and paid large commissions, sought quashing of the charge sheet under Section 482 CrPC. The court found the offence prima facie committed and trial already underway, answered the point negatively, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 6619 OF 2020
BETWEEN:
…PETITIONERS
(BY SRI. BASAVANNA K.M., ADVOCATE)
AND:
Digitally signed by NANDINI B G Location: high court of karnataka
…RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. S.P.P. FOR R1
SRI. N.P. AMRUTHESH, R2 (PARTY IN PERSON) (FORM C - ISSUED))
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.15435/2019 DATED 13.06.2019 ON THE FILE OF XXXII ADDL. C.M.M., BENGALURU FOR THE OFFENCE P/U/S 420 R/W 34 OF IPC FILED AGAINST THE PETITIONERS.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Petitioners being accused Nos.1 and 2 in
CC No.15435/2019 pending on the file of the learned 32nd Additional Metropolitan Magistrate Court, Bengaluru registered
for the offence punishable under Section 420 of IPC R/w Section 34 of IPC, are seeking to quash the criminal proceedings initiated against them.
“Whether the petitioners have made
out any grounds to quash the criminal proceedings initiated against them?”
My answer to the above point is in ‘negative' for the following:
R E A S O N S
informant is already repaid. Commission amount of Rs.13,36,500/- is also repaid by Pallavi Achar, who acted as commission agent. The petitioners have never used this amount for personal use or benefit. Therefore, contends that Section 420 of IPC could not have invoked against the petitioners.
donating from out of CSR funds. There are middle men who get 50% of the donation as commission. Therefore, it is stated that on receipt of Rs.33 lakhs as donation, an amount of Rs.13,36,500/- was paid to one Pallavi Achar as commission. This itself give rise to serious doubt about functioning of NGO.
NC: 2024:KHC:45497 CRL.P No. 6619 of 2020
quash the criminal proceedings. Petitioners have to face the trial. Accordingly, I answer the above point in the Negative and process to pass the following:
ORDER
The petition is Dismissed .
Sd/(M G UMA) JUDGE
BH List No.: 2 Sl No.: 14
1 issue framed by the court
Whether the petitioners made out grounds to quash criminal proceedings for offence punishable under Section 420 r/w 34 IPC arising from charge sheet in CC No.15435/2019?
3 provisions across 2 enactments
Dr. B.R. Niranjan
K. Veerappa
State of Karnataka by its Sub Inspector, Seshadripuram Police Station, Bengaluru
N.P. Amruthesh
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
