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NC: 2023:KHC-K:8169

CRL.P No. 200894 of 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF OCTOBER, 2023

BEFORE

THE HON'BLE MR. JUSTICE VENKATESH NAIK T

CRIMINAL PETITION NO. 200894 OF 2023 (482)

BETWEEN:

DIVYA

W/O. DEVIDAS GAONKAR

AGE: 48 YEARS, OCC: PARTNER

R/O. NAGARJUNA APARTMENTS,

100 FEET RING ROAD,

OPP. ICICI BANK,

J. P. NAGAR,

6^TH PHASE,

BANGALORE- 560078.

…PETITIONER

(BY SRI. SATHISH KUMAR D. GADKAR,

SMT. SUMAN HEGDE, ADVOCATES)

AND:

SHRI. SURESH

S/O. BASAPPA ASANGI

AGE: 42 YEARS, OCC: AGRICULTURE AND BUSINESS

R/O. MANAGULI,

TQ. BASAVANABAGEWADI,

DIST. VIJAYAPURA- 586203

…RESPONDENT

(BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE)

Digitally signed

by SHILPA R

TENIHALLI

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:8169

CRL.P No. 200894 of 2023

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO

QUASH THE ENTIRE PROCEEDINGS IN C.C. NO. 1867/2022

(P.C. NO. 23/2022) PENDING ON THE FILE OF ADDL. SENIOR

CIVIL JUDGE AND JMFC COURT AT BASAVANABAGEWADI,

DISTRICT VIAJAYPURA, FOR THE OFFENCE PUNISHABLE

U/SEC. 138 OF N.I. ACT AGAINST THE PETITIONER.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel for the petitioner and learned

counsel for respondent.

2.

The petitioner/accused No.4 - Divya has filed

this petition under Section 482 of the Code of Criminal

Procedure, 1973, (for short, 'Cr.P.C.') praying to quash the

entire proceedings in Criminal Case No.1867 of 2022

(Private Complaint No.23 of 2022) pending on the file of

the Additional Senior Civil Judge and Judicial Magistrate

First Class Court, Basavanabagewadi, Vijayapura, for the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 (for short, 'N.I. Act').

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NC: 2023:KHC-K:8169

CRL.P No. 200894 of 2023

3.

For the sake of convenience, the parties are

referred to as per their ranking before the trial Court. The

petitioner is accused

No.4 and respondent is the

complainant.

4.

The brief facts of the complainant's case are

that, the complainant is an agriculturist and having a good

income in his occupation. Accused No.1 is a Company by

name, Sunbio Organics India Private Limited, accused no.

2 is Sunbio Agritech, and accused Nos.3 to 5 are its

Partners/Directors. Accused No.1 and 2 have introduced

through one Sri Venkanagouda, who is familiar person to

the complainant, introduced accused No.1 and 2 and its

Directors/Partners, thus, they are very close to the

complainant. It is alleged that, the accused persons have

introduced business of accused No.1 - Company and its

mission on assisting and supporting the marginal and

small farmers in aiding rural forming activities including

raw materials,

farming

animal

husbandry,

logistics,

buyback, maintenance, finance and sales as per the need

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NC: 2023:KHC-K:8169

CRL.P No. 200894 of 2023

of the Indian farmers by way of their design, skill,

technical knowledge, supermarket etc., and to provide

benefits to farmer community.

5.

Believing the assurance and version placed

before the complainant and verifying by all side about

accused No.1 and 2, the complainant and his many farmer

friends have agreed to join with the business of accused

No.1 and 2, accordingly, accused No.1 and 2 issued

proposal forms to the complainant and other farmers,

they paid a sum of Rs.15,00,000/- in the year 2017 to

2019 in different installments by way of cash to the

Directors of accused No.1 and 2. Accordingly, accused

No.3- Devidas issued receipt for consideration amount of

Rs.15,00,000/- to the complainant. Later, accused No.1

and 2, failed to perform its obligation assured to

complainant and other farmers, thus, during the month of

May, 2022, accused No.3 issued five cheques for a sum

Rs. 15,00,000/- ( Rs. 300000/- each ) towards refund of

the

amount

to

the

complainant,

b