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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Pragna Ponnamma K.A., @ Poorna Ponnamma K.A., W/o. Sachin Suhas V. – Appellant
Versus
State Of Karnataka By Jayanagara P.S., Bengaluru, Represented By SPP. – Respondent
ORDER :
The petitioners, in all these cases, are members of the same family and the complainant is common. All these petitions call in question registration of a crime in Crime No.302 of 2021 registered for offences punishable under Sections 406 , 468, 471, 420, 120-B r/w Section 34 of the IPC.
2. Heard Smt Irfana Nazeer, learned counsel appearing for petitioners, Sri B. N. Jagadeesha, learned Additional State Public Prosecutor for respondent No.1 and Sri Vineet Sham Bhat, learned counsel appearing for respondent No.2, in all these cases.
3. Facts in brief germane are as follows :
The petitioner in Crl.P.3087 of 2022 is said to be an employee of this Court. He and his family get acquainted to the family of the complainant. It is the case of the complainant that on certain assurances of the accused and their family, several crores of money transaction happens between the two, wherein the accused is said to have borrowed Rs.1.5 crores from the complainant and also got a sale deed executed in their favour in respect of the property of the complainant situate at Jayanagar, which according to the complaint is about Rs.4.5 crores. The further allegation is that the sale deed registered in fa
The court held that distinctions between civil and criminal transactions may not bar criminal proceedings when fraud or wrongdoing is alleged, requiring an investigation into the claims.
The court established that allegations of forgery and cheating can coexist with civil disputes, allowing for criminal proceedings to continue.
Civil disputes should not be framed as criminal offences when no fraudulent intent is evident, as it constitutes an abuse of legal processes.
Point of Law : Offence of Cheating - Inherit Powers of High Court - Extraordinary and inherent power of this Court under Section 482 of Cr.P.C., do not tilt in favour of the petitioners to pass an or....
The court established that civil disputes can coexist with criminal allegations, and the merits of such allegations must be determined through trial, not preemptively dismissed.
(1) A bonafide criminal case cannot be stifled at threshold by High Court.(2) In order to examine as to whether factual contents of FIR disclose any cognizable offence or not, High Court cannot act l....
The court ruled that criminal proceedings based on civil disputes without clear fraudulent intent are an abuse of process, necessitating dismissal of such charges.
A complaint is not maintainable when there is a pending civil suit for determination of civil rights and the learned Magistrate must provide reasons for taking cognizance under Section 190 Cr.P.C.
Criminal intent in property transactions leads to proceedings under IPC, regardless of parallel civil suits.
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