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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF APRIL, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

CRIMINAL PETITION NO.5499/2020

BETWEEN:

P. PAWAN KUMAR REDDY

S/O LATE P.V. KRISHNA REDDY,

AGED ABOUT 49 YEARS,

R/AT FLAT NO. 304,

KKR PEARL APARTMENT,

NO.40, SY. NO.58/1, WARD NO.19,

BADRAPPA LAYOUT,

HEBBAL RING ROAD,

NAGASHETTYHALLI,

BENGALURU - 560 094.

& PETITIONER

(BY SRI NITHIN GOWDA K.C., ADVOCATE FOR

SRI P.PRASANNA KUMAR, ADVOCATE)

AND:

1 .

STATE OF KARNATAKA

BY KADUGODI POLICE STATION,

AIRPORT SUB-DIVISION,

REPRESENTED ITS

STATE PUBLIC PROSECUTOR

HIGH COURT BUILDING

DR. B.R. AMBEDKAR VEEDHI

BENGALURU - 560 001

2 .

MR. DAYANANDA A

AGE: MAJOR

VICE PRESIDENT

M/S. BALAJI WAREHOUSING COMPANY PVT. LTD.,

2

PATALLAMMA LAYOUT, KADUGODI

BENGALURU - 560 067.

& RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;

SRI ABHISHEK K., ADVOCATE FOR

SRI DIWAKARA K., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF

CR.P.C PRAYING TO QUASH THE ORDER DATED 27.09.2019 PASSED

BY THE I ACMM, BENGALURU, WHEREBY THE LEARNED MAGISTRATE

WAS PLEASED TO DISMISS THE B-REPORT AND CONSEQUENTLY

REGISTERED A CRIMINAL CASE AGAINST THE ACCUSED/PETITIONER

FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 406, 408 AND

420 OF IPC IN C.C.NO.23708/2019 (PRODUCED VIDE ANNEXURE-A)

AND

CONSEQUENTLY

QUASH

THE

ENTIRE

PROCEEDINGS

IN

C.C.NO.23708/2019 PENDING ON THE FILE OF I ACMM, BENGALURU

AS AGAINST THE PETITIONER/ACCUSED.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS

DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed under Section 482 of Cr.P.C. praying this

Court to quash the order dated 27.09.2019 passed by the I

Additional Chief Metropolitan Magistrate, whereby the learned

Magistrate was pleased to dismiss the 8B9 Report and consequently

registered the criminal case against the accused/ petitioner for the

offence punishable under Sections 406, 408 and 420 of IPC in

C.C.No.23708/2019 and also consequently to quash the entire

proceedings in C.C.No.23708/2019 and pass such other orders as

deem fit in the facts and circumstances of the case.

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2.

The factual matrix of the case is that respondent

No.2 herein had lodged the complaint with respondent No.1 and

the police after the investigation have filed the 8B9 Report,

against which respondent No.2 filed a protest petition and

thereafter, the sworn statement of the complainant was recorded

and also examined another witness as P.W.2. The Trial Court,

after considering the sworn statement, protest petition and

material placed before the Court, rejected the 8B9 Report and

issued the process against the petitioner herein.

3.

The main contention of the learned counsel for the

petitioner before this Court is that learned Magistrate has

committed an error in issuing the process when the complaint

has been filed by respondent No.2 on 17.08.2015 for committing

a fraud, cheating and financial irregularities in the Company.

Based on the said complaint, a Crime in No.162/2015 was

registered on 04.07.2015 after the unexplained and inordinate

delay of two years from the date of the offence. The allegation

made in the complaint is that the act of crime has been

committed

between

07.01.2011

and

30.09.2013.

The

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respondent No.2 had not given any explanation with regard to

the inordinate delay in lodging the complaint. The averments

made in the complaint are bald and vague. It is manifestly clear

that the proceedings initiated as against the petitioner is only

with a sole intention to harass him. Learned Magistrate has not

applied his judicious mind while issuing the process and rejecting

the 8B9 report. The sworn statement of the complainant was

recorded. Learned Magistrate after examining the protest

petition and also the sworn statement, proceeded to reject the

8B9 Report but failed to consider the reason given by the

Investigating O