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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22^ND DAY OF JANUARY, 2021

BEFORE

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

CRIMINAL PETITION No.6717 OF 2020

Between:

1.

Sri. Babu Venkatesh,

Son of B.G.Venkatappa,

Aged about 44 years,

Residing at No.1600, 40^th Cross,

4^th ‘T’ Block, Jayanagar

Bengaluru-560041.

2.

Smt. Sunandamma V.,

Wife of Venkatappa B.G.,

Aged about 57 years,

Residing at No.1600, 40^th Cross,

4^th ‘T’ Block, Jayanagar

Bengaluru-560041.

3.

Sri. Venkatappa B.G.,

Son of Giriappa,

Aged about 64 years,

Residing at No.1600, 40^th Cross,

4^th ‘T’ Block, Jayanagar

Bengaluru-560041.

4.

Ms. Roopa V.S.

Aged about 32 years,

Residing at No.1600, 40^th Cross,

4^th ‘T’ Block, Jayanagar

Bengaluru-560041.

… Petitioners

(By Sri. Tomy Sebastian, Sr. Advocate for

Sri. Melanie Sebastian, Advocate)

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And:

1.

State of Karnataka

By Station House Officer

Jayanagar Police Station,

Jayanagar, Bengaluru.

2.

Smt. Komala

Wife of N.Ranganath N

Aged 45 years

Residing at

No.100/5 Ramagondanahalli,

Bengaluru-560066.

… Respondents

(By Smt. Namitha Mahesh, HCGP for R1,

Sri. Shanmukhappa, Advocate for R2)

This Criminal Petition is filed under Section 482 of

CR.P.C. praying to quash the FIR in Cr.No.250/2019 in

Jayanagar Police Station, registered for the offence

punishable under Sections 420, 465, 468, 471 and 120B of

IPC pursuant to the order of reference, passed by the

Hon’ble II A.C.M.M., at Bengaluru dated 06.12.2019 in PCR

No.12440/2019.

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 FIR registered in

Cr.No.250/2019 in PCR No.12440/2019 for the offences

punishable under Sections 420, 465, 468, 471, 120-B of

IPC.

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2. The factual matrix of the case is that the

respondent

no.2

had

filed

a

private

complaint

on

18.09.2019 making the allegation that these petitioners

have indulged in cheating and fabricating of the documents

in respect of a sale deed dated 05.09.2017 of flat bearing

No.13, measuring 1574 sq.ft. of land bearing Sy.No.10/2

situated at Khayamgutta Ramagondahalli, Narayanapura,

K.R.Puram Hobli which belongs to respondent no.2 and her

husband. Based on this complaint, the learned Magistrate

vide order dated 6.12.2019 passed an order as follows:

“The complainant has filed the present

private complaint under Section 200 of Cr.P.C.,

against the accused nos.1 to 4 for the alleged

offences punishable under Section 120-B, 420,

465, 468 and 471 of IPC. In the complaint,

the complainant has made serious allegations

against the accused persons. Therefore, it

appears this court that, it is just and proper to

refer the matter to the jurisdiction police for

investigate and submit report. Accordingly,

the matter is referred to PSI of Jayanagar

Police Station under Section 156(3) of Cr.P.C.,

for

investigation

and

submit

report

by

26.02.2020.

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3. Hence the present petition is filed before this court.

The learned counsel for the petitioners in his argument has

vehemently contended that civil suit is filed on account of

not honouring the cheque which is given in favour of

respondent no.2. The counsel also submits that the

allegation against the petitioners in the complaint invoking

the offence under Section 420, 464, 465, 468 of IPC is not

attracting the ingredients of the offence are missing. The

learned counsel also in support of his argument has relied

upon the judgment of the Apex Court in 2015 (6) SCC

287 – Priyanka Srivatsava Vs. State of U.P. and

others. The learned counsel referring the judgment would

contend that there is no compliance of Section 154(1) & (3)

of Cr.P.C. and referring the matter under Section 156(3)

amounts to a