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M. RAJASHEKARAN – Appellant
Versus
STATE OF KARNATAKA BY – Respondent
CRL.P 2651/2021
1
Crl.P.No.2651/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION No.2651 OF 2021
BETWEEN:
M.RAJASHEKARAN,
S/O LATE MARIYAPPA,
AGED ABOUT 75 YEARS
R/AT NO.324, 7TH MAIN,
3RD CROSS, VIVEKNAGAR,
BANGALORE-560047
& PETITIONER
(BY SRI.VISHNUMURTHY, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY
KONANKUNTE P.S.
R/P BY SPP HIGH COURT
BANGALORE-560001
2.
SANJAY @ C.PAUL
S/O JAYAVEERA
AGED ABOUT 34 YEARS,
R/AT NO.31, SANTHRUPTHI NAGAR,
J.P.NAGAR, 7TH PHASE
BANGALORE-560078
... RESPONDENTS
(BY SRI.R.D.RENUKARADHYA, HCGP FOR R-1;
SRI.S.M.KULKARNI, ADVOCATE FOR R-2)
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Crl.P.No.2651/2021
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN
CR.NO.73/2021
OF
KONANKUNTE
P.S.,
(PCR.NO.2202/2016 PENDING ON THE FILE OF THE IV
ACMM, BANGALORE FOR THE OFFENCE UNDER SECTION
406, 420 OF IPC.)
THIS
CRIMINAL
PETITION
COMING
ON
FOR
ADMISSION,
THIS
DAY,
THE
COURT
MADE
THE
FOLLOWING:
O R D E R
Heard the learned counsel for the petitioner,
learned High Court Government Pleader for respondent
No.1 and the learned counsel for the 2nd respondent.
2.
Petitioner
who
is
accused
in
Crime
No.73/2021 has approached this Court with a prayer to
quash the entire proceeding in PCR.No.2202/2016
which is pending before the IV ACMM, Bengaluru and
the
FIR
arising
out
of
the
said
case
in
Crime.No.73/2021 registered by the Konankunte Police
station for the offence punishable under Sections 406,
420 of IPC.
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Crl.P.No.2651/2021
3.
Brief facts of the case relevant for the
purpose of disposal of the petition are that the 2nd
respondent-complainant has filed a private complaint
before
the
Court
of
IV
ACMM,
Bengaluru
in
PCR.No.2202/2016 against the petitioner herein and
the said complaint was initially referred to J.P.Nagar
Police station on 10.03.2016. Subsequently at the
request of the Investigating Officer the case was referred
to Konankunte police station on 18.09.2018.
4.
On 25.02.2021 the learned counsel for the
complainant advanced the case and at his request once
again the learned Magistrate has passed an order of
reference under Section 156(3) of Cr.P.C. directing the
Konankunte Police Station to investigate the matter. In
the private complaint it is averred that in the year 2010,
the complainant came to know the petitioner herein
through his friend Nanda kumar and for the purpose of
getting some work done from the BDA, the petitioner
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Crl.P.No.2651/2021
had approached the complainant and in this regard a
sum of Rs.2,00,000/- was paid by the petitioner to the
complainant. It is case of the complainant when a sum
of Rs.2,00,000/- was paid by the petitioner at his
request he had given blank cheques and also a
promissory note to the petitioner. Subsequently, the
work could not be finished for certain reasons and the
complainant had spent a major portion of the amount of
Rs.2,00,000/- paid by the petitioner. The complainant
informed the petitioner that he had only a balance of
Rs.22,000/- out of Rs.2,00,000/- and he offered to pay
the same but the petitioner did not receive the same
and on the other hand he has misused the cheques and
filed proceedings under Section 138 of the Negotiable
Instrument Act, against the complainant. He submits
that the blank cheque was misused and the petitioner
had filled the cheque for a sum of Rs.12,00,000/- and
on the basis of the same, the complainant was wrongly
prosecuted for the offence under Section 138 of the
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Crl.P.No.2651/2021
Negotiable Instrument Act. Therefore, he filed private
complaint alleging offences of cheating as against the
petitioner and the said complaint was referred by the
jurisdictional Magistrate to the police who registered FIR
against the petitioner.
5.
Learned counsel for the petition
