Smt Aishwarya Gowda v. State of Karnataka
Case brief
What is this about?
Quashing of FIR and complaint; Section 482 Cr.P.C.; Section 528 BNSS; abuse of process of court; civil dispute given criminal colour; money recovery through criminal prosecution; cheating — dishonest intention at inception; mere failure to repay loan; issuance of cheques negates cheating; criminal breach of trust — entrustment; investment/loan not entrustment; Sections 351(2) and 352 BNS — vague, omnibus intimidation allegations; Section 3(5) BNS common intention; abetment; vicarious liability of driver; mobile phone used as conduit; counterblast/retaliatory FIR; suppression of material facts; Section 138 N.I. Act parallel proceedings; inordinate unexplained delay; Bhajan Lal categories 1, 5 and 7; sterling and impeccable quality documents; BNS 2023 Ss.316(2), 318(4), 351(2), 352, 61(2), 3(5); CID investigation; IV ACMM Bengaluru; High Court of Karnataka.
What did the court decide?
Both criminal petitions allowed; the impugned complaint dated 05.01.2025 lodged by respondent No.2 and the FIR in Crime No.3/2025 dated 05.01.2025 registered by respondent No.1-Police, and all further proceedings pursuant thereto, quashed insofar as petitioners–accused Nos.1 and 2 (Crl.P.No.267/2025) and petitioner–accused No.3 (Crl.P.No.5140/2025) are concerned; order without prejudice to civil remedies, with all rival contentions left open.