Karnataka High Court
Savitha vs D. Ravi on 25 November, 2021
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.200896/2020
C/W
CRIMINAL PETITION Nos.200895/2020,
200897/2020, 200899/2020, 200906/2020 &
200911/2020
IN CRL.P.NO.200896/2020
BETWEEN:
SMT. SAVITHA
AGED ABOUT 40 YEARS
W/O MR. B.P. GANGAHANUMAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
AND:
D. RAVI
AGED ABOUT 42 YEARS
S/O SRI SUDHAKAR RAO
R/O PLOT NO.4790
RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
ORDER DATED 20.12.2019, PASSED IN C.C.NO.1301/2019, BY
THE LEARNED PRL. CIVIL JUDGE AND JMFC-II, RAICHUR, IN SO
FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED.
IN CRL.P.NO.200895/2020
BETWEEN:
B.P. GANGAHANUMAIAH
AGED ABOUT 50 YEARS
S/O PAPAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
AND:
D. RAVI
AGED ABOUT 42 YEARS
S/O SRI SUDHAKAR RAO
R/O PLOT NO.4790
RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
ORDER DATED 20.12.2019, PASSED IN C.C.NO.1301/2019, BY
THE LEARNED PRL. CIVIL JUDGE AND JMFC-II, RAICHUR, IN SO
3
FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED, AS THE
COMPANY IS NOT MADE AS A PARTY TO THE COMPLAINT.
IN CRL.P.NO.200897/2020
BETWEEN:
B.P. GANGAHANUMAIAH
AGED ABOUT 50 YEARS
S/O PAPAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
AND:
MAHESH B.
AGED ABOUT 47 YEARS
S/O SRI B.JAGANNATHA
R/O RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH
THE ORDER DATED 10.01.2020, PASSED IN C.C.NO.51/2020,
BY THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC-II,
RAICHUR, IN SO FAR AS PETITIONER/ACCUSED NO.1 IS
CONCERNED, AS THE COMPANY IS NOT MADE AS A PARTY
TO THE COMPLAINT.
4
IN CRL.P.NO.200899/2020
BETWEEN:
B.P. GANGAHANUMAIAH
AGED ABOUT 50 YEARS
S/O PAPAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
AND:
SHIVANAGENDRA PRASAD G.
AGED ABOUT 53 YEARS
S/O SRI G.VENKATESHWAR RAO
R/O RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
ORDER DATED 20.12.2019 PASSED IN C.C.NO.1302/2019, BY
THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC-II RAICHUR,
INSOFAR AS THE PETITIONER/ACCUSED NO.1 IS CONCERNED,
AS THE COMPANY IS NOT MADE AS A PARTY TO THE
COMPLAINT.
IN CRL.P.NO.200906/2020
BETWEEN:
SMT. SAVITHA
AGED ABOUT 40 YEARS
5
W/O MR. B.P. GANGAHANUMAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
AND:
MAHESH B.
AGED ABOUT 47 YEARS
S/O SRI B.JAGANNATHA
R/O RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
ORDER DATED 10.01.2020, PASSED IN C.C.NO.51/2020, BY
THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC-II RAICHUR,
IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED.
IN CRL.P.NO.200911/2020
BETWEEN:
SMT. SAVITHA
AGED ABOUT 40 YEARS
W/O MR. B.P. GANGAHANUMAIAH
R/AT NO.01, RING ROAD, 1ST BLOCK
NAGARBHAVI SECOND STAGE
BANGALORE-560072
... PETITIONER
(BY SRI V.F.KUMBAR, ADVOCATE)
6
AND:
SHIVANAGENDRA PRASAD G.
AGED ABOUT 53 YEARS
S/O SRI G.VENKATESHWAR RAO
R/O RAGHAVENDRA COLONY
SHAKTHINAGAR, RAICHUR TALUK
AND RAICHUR DISTRICT-584101
... RESPONDENT
(SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE
ORDER DATED 20.12.2019 PASSED IN C.C.NO.1302/2019, BY
THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC-II, RAICHUR,
IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
petitioners.
2. These petitions are listed for admission.
Though notices issued by this Court earlier to the
respondent in all the cases are served, they are
unrepresented. Hence, this Court once again ordered to
issue notices and the same were served on the respondent
in all the cases on 14.11.2021, 16.11.2021 and
17.11.2021. Inspite of service of notice twice, there is no
representation on behalf of the respondent in all the cases.
3. These petitions are filed under Section 482 of
Cr.P.C., praying this Court to quash the order dated
20.12.2019 passed in C.C.No.1301/2019, order dated
10.01.2020 in C.C.No.51/2020 and order dated
20.12.2019 in C.C.No.1302/2019 respectively by the
Principal Civil Judge and JMFC-II, Raichur, against accused
Nos.1 and 2.
4. The main contention of the petitioners herein is
that the respondent in all the cases filed private complaint
under Section 200 of Cr.P.C., invoking Section 138 of the
Negotiable Instruments Act, 1881. In the complaint, the
petitioners have been arrayed as accused Nos.1 and 2 in
their individual capacity and the complainant has not
arrayed the company as accused. The learned counsel for
the petitioners brought to the notice of this Court the
respective cheques. Those cheques were issued by the
authorized signatory on behalf of Unique Training
Corporation India Private Limited. The subject matter of
the cheques were issued on behalf of the company.
Petitioner-Savitha is not the Director of the company i.e.,
Unique Training Corporation of India Private Limited and
she is also not a signatory for those cheques. When the
company has not been arrayed as accused in the
complaint, there cannot be any criminal prosecution
against the petitioners. The learned counsel in support of
his contention relied upon the judgments of the Hon'ble
Apex Court in the case of S.M.S. Pharmaceuticals Ltd.,
vs. Neeta Bhalla and another reported in (2005)8 SCC
89 and K.K.Ahuja vs. V.K. Vora and another reported
in (2009) 10 SCC 48. The learned counsel in support of
his submission has also relied on the judgment of the
Hon'ble Apex Court in the case of Aneeta Hada vs.
Godfather Travels and Tours Private Limited reported
in (2012)5 SCC 661.
5. Having considered the grounds urged in the
petitions and also principles laid down in the judgments
referred to supra, wherein the Hon'ble Apex Court held
that when the cheques were issued on behalf of the
company, without arraying the company as accused, the
proceedings cannot be initiated against the accused in
their individual capacity. Hence, these matters are covered
by the principles laid down by the Hon'ble Apex Court in
the judgments referred to supra and the petitioner in all
the cases have made out ground to invoke Section 482 of
Cr.P.C., to quash the proceedings initiated against them
who have been arrayed as accused Nos.1 and 2 in all the
three cases.
6. In view of the observations made above, I pass
the following:
ORDER
The petitions are allowed.
The order dated 20.12.2019 in C.C.No.1301/2019,
order dated 10.01.2020 in C.C.No.51/2020 and order
dated 20.12.2019 in C.C.No.1302/2019 respectively
passed by the Principal Civil Judge and JMFC-II, Raichur,
against accused Nos.1 and 2 are hereby quashed.
In view of disposal of the main petitions, pending
I.As., in all these petitions do not survive for consideration
and accordingly, they are disposed of.
Sd/-
JUDGE
NB*
