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2026 Supreme(Online)(Kar) 11263

THE HIGH COURT OF KARNATAKA
M. Nagaprasanna, J
Mahi Enterprises – Appellant
Versus
State – Respondent
CRIMINAL PETITION No.1008 OF 2025 | CRIMINAL PETITION No.1022 OF 2025



Advocates:
For the Appellants/Petitioners: Bharath Kumar V.
For the Respondents: K.NageshwarAPPA, K.B.K.Swamy

The High Court will not exercise its inherent or revisional jurisdiction to re-examine evidence or overturn concurrent factual findings of lower courts absent perversity, especially where there is prima facie material suggesting funds frozen under criminal law are proceeds of an alleged fraud.

Headnote:(A) Code of Criminal Procedure, 1973 - Sections 102, 451, and 457 - Indian Penal Code, 1860 - Sections 419 and 420 - Information Technology Act, 2000 - Section 66D - Criminal procedure - Seizure of funds and interim custody - High Court’s power under Section 482 - In the absence of perversity, the High Court shall not exercise its inherent jurisdiction to re-analyze evidence or upset concurrent factual findings of lower courts - Where there is prima facie material linking account holders to the proceeds of a crime, the trial court has the discretion to grant interim custody of seized funds to a victimized complainant subject to conditions. (Paras 1, 11)

(B) Revision Jurisdiction - Scope - A Revisional Court or High Court will not interfere with orders if they have considered relevant factors and there is no jurisdictional error or perversity - It is not for the Court to substitute its view where lower courts have exercised discretion based on prima facie examination of fraudulent transactions. (Paras 11, 20)

Facts of the case:
The petitioner, an accused, challenged orders passed by a Magistrate and a Revisional Court. The dispute arose from a business transaction where the complainant, seeking to procure pharmaceuticals, parted with significant funds based on electronic communications. Upon failure to deliver the goods, a crime was registered for cheating and an offense under IT laws. Police seized funds from the petitioner’s account, which were subsequently released to the complainant as interim custody by the Magistrate. The petitioner’s application for de-freezing the account and releasing the funds in his favor was rejected by both the trial court and the revisional court due to prima facie evidence of his involvement and lack of cooperation in the investigation.

Findings of Court:
The Court held that the concurrent findings by the lower courts, based on email trails and transaction records, showing the transfer of funds into the petitioner's account, were based on sound reasoning. The Court noted that the petitioner’s failure to explain the accumulation of funds or participate in the investigation justified the denial of his plea.

Issues: Whether the High Court should interfere with concurrent orders of the lower courts denying the release of seized funds in favor of an accused and whether such orders suffer from jurisdictional perversity.

Ratio Decidendi: In the absence of perversity or jurisdictional error, the High Court will not re-evaluate evidence or substitute its view for that of the competent courts, especially where prima facie material indicates that the seized funds could be proceeds of a crime and the complainant has suffered financial loss.

Result: Petitions rejected.

Table of Content
1. factual background involving alleged digital financial fraud and bank account freezing orders. (Para 1 , 3 , 4 , 5 , 9 , 10)
2. parties' contentions regarding the legitimacy of financial transactions and the scope of section 482 crpc intervention. (Para 2 , 6 , 7)
3. court's analysis on non-interference with concurrent findings of fact under section 482 jurisdiction. (Para 8 , 11)
4. final order dismissing the criminal petition. (Para 12)

These petitions are preferred by a common petitioner - accused No.2 in Crime No.413/2021, calling in question the orders dated 27.09.2021 and 18.05.2022, both passed by the I Additional Chief Metropolitan Magistrate, Bengaluru, on two applications, both filed under Sections 451 and 457 of the Cr.P.C. in Crime No.413/2021, one preferred by the petitioner herein and another by respondent No.2 – complainant. The application preferred by the complainant seeking interim custody of the seized amount in P.F.No.14/2021 of ₹1,12,15,884/- lying in the account of the petitioner in M/s.IDBI Bank comes to be allowed on certain conditions in terms of the order dated 27.09.2021 and the application preferred by the petitioner seeking defreezement of his account held in M/s.IDBI Bank, C.G.Road Branch, Ahmedabad, comes to be rejected by the concerned Court in terms of the order dated 18.05.2022. These two orders are challenged before the concerned Revisional Court in Crl.R.P.Nos.34/2024 and 475/2022 respectively, both of which comes to be dismissed by affirming the order of the concerned Court in terms of its orders, both dated 11.11.2024.

2. Heard Sri Bharath Kumar V., learned counsel for petitioner, Sri K. Nageshwarappa, learned High Court Government Pleader for respondent No.1 and Sri K.B.K.Swamy, learned counsel for respondent No.2.

3. For the sake of convenience, facts obtaining in Crl.P.No.1022/2025, which are similar in companion petition on the question in the lis involved, would be narrated.

4. Facts in brief, germane, are as follows:

A complaint comes to be registered on 26.08.2021 by respondent No.2 – complainant before respondent No.1 - police station alleging that he was contacted by one Rato Gibson Jude, who claimed to be representing M/s.Centric Pharmaceutical Limited through an electronic mail on 19.07.2021 and that M/s.Centric Pharmaceutical Limited is based in United Kingdom and is interested in procuring Bio Champacalin Fluid, which is one of the pharmaceutical products available in India. On the same day, by another electronic mail, the said person – Rato Gibson Jude claimed that the said pharmaceutical products needed by the Company were available with the supplier in India - one M/s.Sagar Enterprises - Accused No.1. The said person has also claimed that if the complainant procures the product at a price of U.S.D. 4,000 per litre from M/s. Sagar Enterprises, the same could be sold by respondent No.2 - complainant at U.S.D. 8,500 per litre to M/s.Centric Pharmaceutical Limited. The business proposal rang the bells of accused No.1 and respondent No.2 - complainant. Communications between the three galore seeking to purchase said products at an agreed quantity on receipt of 100% payment.

Respondent No.2 - complainant procured a sample of 1 litre from accused No.1 by making a payment of ₹3,00,000/- into the bank account of accused No.1. Disputes arose with regard to payment or payment of amount into the hands of accused Nos.1 and 2. The complainant is said to have parted the entire material but, received no money. Therefore, the complaint comes to be registered on 26.08.2021, against unknown persons, on account of payment being made and no material being received. The said complaint becomes a crime in Crime No.413/2021, for offences punishable under Sections 419 and 420 of the IPC read with Section 66D of the Information Technology Act, 2000. The police then debit freeze the account of the petitioner in terms of the order of the Magistrate on the requisition application so f

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