Ganesh Ramachandra Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2026)

Ganesh Ramachandra Vs State of Karnataka by — Cheating and Forgery | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Quashing of FIR in Crime no.115/2021 registered by BIAL Police Station, Devanahalli Sub-Division, Bengaluru, qua petitioner-accused no.6

Issue for consideration

Whether the complaint/FIR in Crime no.115/2021 discloses commission of offences punishable under Sections 406 and 420 of IPC against the petitioner (accused no.6)? +1 more

Court's answer

On scrutiny of the complaint, the entire grievance of the complainant appears to be against accused no.1; no overt acts constituting offences under Sections 406 or 420 IPC are attributed to the petitioner (accused no.6).

Ratio / Principle

The complaint contains no allegation that the petitioner had knowledge of the accused's ill-intention (as would constitute offence of cheating), nor any allegation of misappropriation to constitute the essential ingredient of offence under Section 406.

Key takeaways

The petitioner merely provided professional services to his client; he cannot be arraigned merely on the count that his client is alleged to have committed a crime.ratio¶10
For want of specific overt acts against the petitioner, the reasons stated and circumstances in this Court's decision in Gaurav Chatterjee's case (quashing proceedings against accused no.5) squarely cover the petitioner's case as well.ratio¶64
The petition succeeds; the FIR in Crime no.115/2021 registered by BIAL Police Station, Devanahalli Sub-Division, Bengaluru, for offences punishable under Sections 406 and 420 read with Section 34 of IPC stands quashed qua petitioner-accused no.6.

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. by accused no.6 (Ganesh Ramachandra), who had rendered professional services to his client, seeking quashing of FIR in Crime No.115/2021 (BIAL Police Station, Devanahalli Sub-Division, dated 22.10.2021) registered on the complaint of respondent no.2 (Dr. Easwar Srikumar) for offences punishable under Sections 406 and 420 read with Section 34 IPC. The complaint arose from a settlement/escrow transaction dated 07.05.2019 with Mrs. Hiranand, in which bank transfer certificates showing remittance of USD 3,00,000 were alleged to be fake and fabricated. Held: (i) on a challenge to an FIR, the Court scrutinises only whether the contents of the complaint disclose commission of an offence; (ii) the entire grievance of the complainant is against accused no.1 — no overt acts constituting offences under Sections 406 or 420 IPC are attributed to the petitioner; (iii) there is no allegation of the petitioner's knowledge of the accused's ill-intention (ingredient of cheating) nor of misappropriation (essential ingredient of Section 406); (iv) a person rendering professional services cannot be arraigned merely because his client is alleged to have committed a crime; and (v) on parity, the reasons and circumstances of this Court's order in Crl.P.No.8692/2021 [2023:KHC:44644] (Gaurav Chatterjee), quashing proceedings against accused no.5, squarely cover the petitioner. FIR quashed qua petitioner-accused no.6. (Single Judge: Ravi V Hosmani J.; decided 17-07-2026; NC: 2026:KHC:36839; CNR: KAHC010501842021.)