CAV ORDER

This petition by the sole accused seeks quashing of the impugned FIR and complaint registered by the 1^st respondent - Police as Crime No.224/2023 dated 28.08.2023, pursuant to the complaint given by the 2^nd respondent - de facto complainant for alleged offences punishable under Sections 406, 419, 420, 465, 468 and 471 IPC and for other reliefs.

2. The material on record discloses that the 2^nd respondent -de facto complainant filed the aforesaid complaint against the petitioner, who is a lawyer by profession interalia alleging that the petitioner was guilty of the aforesaid offences. It was alleged that the 2^nd respondent approached the petitioner in relation to filing a suit before the City Civil Court and in that context, the petitioner is alleged to have collected a sum of Rs.9,37,000/- towards court fee by way of 5 installments during the period 2014-2016 and a sum of Rs.1,25,000/- towards the professional fee of the petitioner. It was further alleged that despite several requests, the petitioner did not furnish details of the cases to the 2^nd respondent, who came to know about the same only in the year 2017 and upon enquiries, the 2^nd respondent learnt that the petitioner had forged the signatures of the 2^nd respondent and instituted two suits in O.S.No.2358/2016 and O.S.No.2537/2017 against the 2^nd respondent's sister Smt.Dhanashree and others. It was also alleged that despite having collected the aforesaid sums from the 2^nd respondent towards court fee, petitioner had paid only Rs.225/- towards court fee in relation to the said suits and that the petitioner was guilty of fraud, breach of trust, cheating, impersonation and extortion of money from the 2^nd respondent. Based on the aforesaid complaint, the 1^st respondent - police authorities having registered the impugned FIR, petitioner is before this Court by way of the present petition.

3. Heard learned counsel for the petitioner and learned HCGP for the 1^st respondent - State and learned counsel for 2^nd respondent and perused the material on record.

4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner submitted that the impugned FIR and complaint do not disclose the commission of the alleged offences by the petitioner and necessary ingredients in this regard are not forthcoming and the same deserves to be quashed. It was submitted that as long back as in the year 2017 itself, the 2^nd respondent had initiated proceedings against the petitioner before the City Civil Court, Karnataka State Bar Council etc., and the impugned complaint is nothing but an afterthought and not maintainable due to long, unexplained and inordinate delay and latches on the part of the 2^nd respondent, who seeks to give a criminal colour to an essentially civil dispute, which is impermissible in law and the same deserves to be quashed.

5. Per contra, learned counsel for the 2^nd respondent submits that there is no merit in the petition and that the same is liable to be dismissed and placed reliance upon the judgment of the Apex Court in the case of Punit Beriwala vs. State of NCT of Delhi and others - (2025) INSC 582.

6. I have given my anxious consideration to the rival submissions and perused the material on record.

7. Before adverting to the rival submissions, it would be necessary to refer to the impugned complaint, which reads as under:-

To, Police Inspector Siddapura Police Station.

Bengaluru.

From, Sri. Pradohs.P. Hattikudur, S/o. Late. Sri. H. Pramod Kumar Aged about 40 years R/at. No.3386, 5^th Cross, Gayathri Nagar Bengaluru - 560 021.

Mob No. 9845631041.

Sir, Subject: Regarding Cheating extortion of money and Forging of Signatures for filing false cases against Sri. K.

Sanjay Krishnamurthy.

I Pradosh P Hattikudur and authotized on behalf of Smt. Deepashree and Sri. Pranav , I am residing in aforesaid address and I would like to inform you that in this regard I approached one advocate by name Sri. B