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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MOHAMMAD NAWAZ
Ramachandra G.B., S/o. Bharmappa G. – Appellant
Versus
State Of Karnataka Through Javagal Police Station – Respondent
ORDER :
MOHAMMAD NAWAZ, J.
Heard the learned counsel for petitioner, the learned High Court Government Pleader for Respondent No.1/ State, learned counsel for respondent no.2 /First Informant and perused the material on record.
2. This criminal petition is filed by petitioner/ accused no.2 under Section 482 of the Cr.P.C. seeking to quash the entire proceedings in C.C.No.874/2021 pending on the file of the II Additional Civil Judge and JMFC, Arsikere, arising out of Crime No.0089/2019 registered by Javagal Police Station, for the offences punishable under Sections 409 and 420 read with Section 34 of the IPC .
3. On the basis of a complaint lodged by respondent No.2 – Waikhom Loyangomba, Manager of State Bank of India, Javagal Branch, an FIR came to be registered on 02.08.2019 against Accused No.1 – Former Bank Manager, and Accused No.2 – petitioner, working as Chief Associate in the said branch.
4. Charge sheet is filed against both the accused for offence punishable under section 409 and 420 r/w 34 of IPC .
5. The case of the prosecution is that one late Sadashiva Pillai of Javagal Village had deposited his gold ornaments in the locker facility of Javagal branch of State Bank of Ind
The court ruled that prima facie evidence supports the allegations against the petitioner, affirming that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and not for merit as....
An FIR can be quashed when allegations do not establish a prima facie case for the charges under IPC sections relevant to cheating and criminal breach of trust, highlighting the need for sufficient e....
To sustain charges under IPC Sections 409 and 420, clear evidence of entrustment, dishonest intention, and deception is essential, which was not established in this case.
To sustain a conviction under Sections 409 and 420 IPC, the prosecution must establish specific allegations and necessary legal elements, which were not met in this case.
The court will not discharge accused when a prima facie case exists for criminal charges, requiring trial to establish intent and responsibility.
The ingredients of the offenses under Sections 405/406/420 IPC are prima facie present in the case, as there was evidence of entrustment of the jewelry, dishonest intention at the time of the transac....
Criminal proceedings cannot be initiated for purely civil disputes; necessary intent for criminal charges must be evident, or they risk being quashed as an abuse of legal process.
Point of law : exercise powers under Section 482 CrPC, the complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court....
Directors of a company can be held accountable for criminal breach of trust and cheating if they are found to have participated in fraudulent schemes affecting customers.
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