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Karnataka High Court
Sri Sudeep Srinivas vs State Of Karnataka on 13 March, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
1
Reserved on : 03.03.2026
Pronounced on : 13.03.2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.11161 OF 2023
BETWEEN:
1 . SRI SUDEEP SRINIVAS
S/O M.SRINIVAS
AGED ABOUT 41 YEARS
OCCUPATION ARCHITECT
R/O PLOT NO.969, 5TH C-CROSS
11TH MAIN, VIJAYA BANK COLONY
BILEKALAHALLI
BANNERUGHATTA ROAD
BENGALURU - 560 076.
2 . SMT.PREETHI RAMMOHAN
W/O SUDEEP SRINIVAS
AGED ABOUT 37 YEARS
OCCUPATION PRIVATE SERVICE
R/O PLOT NO.969, 5TH C-CROSS
11TH MAIN, VIJAYA BANK COLONY
BILEKALAHALLI
BANNERUGHATTA ROAD
BENGALURU - 560 076.
... PETITIONERS
(BY SRI C.H.JADHAV, SR.ADVOCATE FOR
SRI CHETAN JADHAV, ADVOCATE)
2
AND:
1 . STATE OF KARNATAKA
REPRESENTED BY JAYANAGAR PS
BENGALURU
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2 . PRABHAKAR
S/O LATE MUNIVENKATEGOWDA
AGED ABOUT 76 YEARS
ADDRESS: NO.196, 7TH MAIN
4TH BLOCK, JAYANAGAR
BENGALURU - 560 011.
... RESPONDENTS
(BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
SRI C.M.KEMPEGOWDA, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO SET ASIDE THE ORDER DATED 21.07.2023 IN
SPL.C.C.NO.1673/2023 PASSED BY THE HON'BLE XLVII
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE FOR CBI CASES AT BENGALURU (CCH-48) THEREBY TAKING
COGNIZANCE FOR THE OFFENCES P/U/S 420 R/W 34 OF IPC, SEC.
9 OF KARNATAKA PROTECTION OF INTEREST OF DEPOSITORS IN
FINANCIAL ESTABLISHMENTS ACT, 2004 A/W SECTION 76 OF CHIT
FUNDS ACT AND SEC. 38, 39 AND 41 OF KARNATAKA MONEY
LENDERS ACT AND CONSEQUENTLY, QUASH THE ENTIRE
PROCEEDINGS IN SPL.C.C.NO.1673/2023, PENDING AGAINST THE
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PETITIONERS IN THE COURT OF XLVII ACC AND SJ AND SPECIAL
JUDGE FOR CBI CASES (CCH-48), BENGALURU.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 03.03.2026, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners/accused Nos. 6 and 7 are before this Court
calling in question proceedings in Spl.C.C.No.1673 of 2023 pending
before XLVII Additional City Civil & Sessions Judge and Special
Judge for CBI Cases, Bangalore City arising out of crime in Crime
No.347 of 2015 registered for offences punishable under Sections
420 and 34 of the IPC; Section 9 of the Karnataka Protection of
Interest of Depositors in Financial Establishments Act, 2004 ('KPID
Act' for short); Section 76 of the Chit Funds Act, 1982 ('Chit Funds
Act' for short) and Sections 38, 39 and 41 of the Karnataka Money
Lenders Act, 1961 ('Money Lenders Act' for short).
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2. Heard Sri C.H.Jadhav, learned senior counsel appearing for
petitioners, Sri B.N.Jagadeesha, learned Additional State Public
Prosecutor appearing for respondent No.1 and
Sri C.M. Kempegowda, learned counsel appearing for respondent
No.2.
3. Facts, in brief, germane are as follows: -
3.1. In the year 1989 a company called 'Shreyas Finance &
Investments' ('the Company' for short) is registered under the
Companies Act, a Company established by accused Nos. 1 and 2
who are now accused Nos. 4 and 5 in the additional charge sheet.
In the year 2010, the Company was established to run a chit fund
business. The petitioners were appointed as Directors of the
Company in the year 2011. On 14-07-2015 it appears that the
petitioners resigned from the posts of Directors in the said chit fund
Company. A complaint comes to be registered by the 2nd
respondent, one of the persons who had invested in the chits of the
Company that the periodical amounts paid towards chits have
vanished, which becomes a crime in Crime No.347 of 2015 for
offence punishable under Section 420 r/w 34 of the IPC. The Police
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after investigation file a charge sheet for the afore-quoted offence.
Cognizance is taken by the concerned Court on 26-12-2016 and
summons was issued to the accused including the petitioners, not
only in this case but in several cases concerning the Company.
3.2. Criminal Petitions had been filed by accused Nos. 1 to 4
in Criminal Petition Nos. 1836 of 2022 and 3561 of 2017. Those
criminal cases come to be allowed by quashing the proceedings on
the score that the Company was not made a party, following the
judgment of the Apex Court in the case of ANEETA HADA v.
GODFATHER TRAVELS AND TOURS PRIVATE LIMITED reported
in (2012) 5 SCC 661 and liberty was reserved to the State to act
in accordance with law. The State then files an additional charge
sheet before the concerned Court arraigning the Company as an
accused. Therefore, curing the illegality that subsisted at the time
of registration of crime, additional charge sheet is filed. The
petitioners/accused 6 and 7 are now before this Court calling in
question filing of the additional charge sheet, on the score that it
did not amount to any offence at all, as the petitioners had resigned
as Directors long before.
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4. The learned counsel appearing for the petitioners would
vehemently contend that the petitioners had resigned in the year
2015 itself long before registration of the complaint and therefore,
they cannot be dragged into the web of proceedings. He would
further contend that the order of taking cognizance does not bear
application of mind and would seek to place reliance upon a
judgment rendered by the Apex Court in RAVINDRANATHA
BAJPE v. MANGALORE SPECIAL ECONOMIC ZONE LIMITED
reported in (2022) 15 SCC 430 to buttress his submission that
proceedings must not be permitted to be continued, as there is no
principle of vicarious liability for the offences under the IPC.
5. Per contra, the learned Additional State Public Prosecutor
would take this Court through the charge sheet by contending that
the petitioners may have resigned in the year 2015, but they were
admittedly Directors between 2011 and 2015. It is during this
period the entire fulcrum of the crime revolves round. The
Additional State Public Prosecutor submits that money with regard
to chit is taken monthly from 1060 persons and misappropriated to
the tune of 115 crores. Therefore, he would submit that this is a
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classic case in which trial must ensue. The learned counsel
appearing for the 2nd respondent/complainant would also submit as
to how he lost his amount like several other persons, as submitted
by the learned Additional State Public Prosecutor. Therefore, they
would seek dismissal of the petition in unison.
6. I have given my anxious consideration to the submissions
made by the respective learned counsel and have perused the
material on record.
7. The petitioners were the Directors of a newly formed
Company viz., Shreyas Finance & Investments (R). They were
appointed as Directors in the year 2011. They resigned on
14-07-2015. These are admitted facts. Between 2011 and 2015,
the petitioners along with others had indulged in collection of chit
amounts as obtaining under the Chit Funds Act from close to 1060
members/clients/customers or investors as the name would be.
None of them were returned with the money which they had
invested. The total amount of siphoning of funds or
misappropriation in the case at hand is ₹115 crores. Based upon
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these facts one of the investors comes forward to register the
complaint against the Company. The complaint is investigated into
and the Police file a charge sheet against all the accused. The
summary of the charge sheet as obtaining in Column No.7 reads as
follows:
" ಾಲಂ-3 ರ ನಮೂ ರುವ ಎ-1 & ಎ-2 ಆ ೋ ಗಳ ೆಂಗಳ ರುನಗರ ಜಯನಗರ
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9
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10
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ಬ0R ಮತು+ ಆಸಲು ಹಣವನುO 2ಾಪ¸ïì ೊಡ3ೆ &ಾಂಕ 20-10-2015 ರಂದು ಆ_ೕ 5ೆ [ೕಗ Hಾc
ಪ ಾ<dಾL Hಾ ದೂರು ಈ ಪ@ಕರಣದ ದೂರು 8ೕ0ರುವ ೇವW3ಾರ ಾದ *ಾf 1 <ಂದ 203
ರವ<5ೆ ವಂಚ&ೆ Pಾ0 >ೕಲgಂಡ ಕಲಂಗಳ ಅನFಯ ಅಪ ಾಧ2ೆಸLರುIಾ+ ೆ.
ಅ3ೇ <ೕK ಾಲಂ 4 ರ ರುವ ಎ1 ಆ ೋ ಸಂ*ೆVಯ , ಎ4, ಎ5, ಎ6, ಎ7 ಆ ೋ ಗಳ
83ೇQಶಕರುಗuಾLದು%, ಇವರ ¥ÉÊQ ಎ4 ಆ ೋ ಯು ಇ3ೇ ಸಂ*ೆVಯ bÉÃರ>C & =ೈ ೆಕG„
ಆLರುIಾ+&ೆ. ಎ5, ಎ6, ಎ7 ರವರುಗಳ ಎ1 ಆ ೋ ಸಂ*ೆVಯ 83ೇQಶಕರುಗuಾLರುIಾ+ ೆ.
>ೕಲgಂಡ ಎ -4 <ಂದ ಎ-6 ರವ ೆLನ ಆ ೋ ಗಳ 2009-2010&ೇ *ಾ ನ " ?ೆ@ೕಯ
ಇ&ೆFಸG>ಂ- ಇಂ0dಾ ಪ@2ೇ- ...tೆ` ಕಂಪ8ಯನುO &ೊಂದW Pಾ0 ಈ ಕಂಪ8ಯ HೆಸರನುO
&ಾಂಕ 20/05/2010 ರಂದು ?ೆ@ೕಯ bಂದ X-D ಇಂ0dಾದ Aೆl. ಎಂದು ಬದ1ಾj ೊಂಡು
2011&ೇ *ಾ ನ ಎ7 ರವರನುO =ೈ ೆಕG„ ಆL &ೇ... ೊಳ ~Iಾ+ ೆ. ಕಂಪ8ಯನುO ಜಯನಗರ 5&ೇ
¨Áè', 9&ೇ >ೖC ರ*ೆ+, ನಂ. 56/1 ರ ಕಟGಡದ 4uಾಸವನುO ನಮೂದು Pಾ0 ಈ ಕಂಪ8ಯ
Hೆಸ<ನ Xೕm ವ)ವHಾರ ನ=ೆಸಲು ಅನುಮK ಪ=ೆ ರುIಾ+ ೆ. ಅನುಮKಯ ಷರತು+ಗಳ ಪ@ ಾರ2ಾL
ಆ ೋ ಗಳ ಪ@Kೕ Xೕm ಗೂ@oಗಳನುO ಆರಂ[ಸು2ಾಗ Xೕm 8\ ಾj3ೆ ಅನFಯ ಭದ@Iಾ ೇವ!ೆ
ಇಟುG, ಪq2ಾQನುಮK ಪ=ೆದು Xೕm ಗೂ@oಗಳನುO ಆರಂ[ಸ ೇ ಾLದ%ರೂ ಸಹ ಆ ೋ ಗಳ
*ಾವQಜ8ಕ<5ೆ ವಂಚ&ೆ Pಾಡುವ ದುರು3ೆ%ೕಶ ಂದ Xೕm ನ=ೆಸಲು ಪ=ೆ ದ% ಅನುಮKಯ ಪತ@ವನುO
*ಾವQಜ8ಕರ &ೋಟ ೆg ಕ;ೇ<ಯ ೕtೋ Pಾ0 &ೇತು Hಾc, XೕmಗಳನುO ಆ ಕೃತ2ಾL
ನ=ೆಸುK+ರುವZ3ಾL *ಾವQಜ8ಕ<5ೆ ನಂ[ , ಆ ೋ ಗಳ ಸಂ*ೆVಯ Xೕm Hಾcದ ೆ HೆXYನ 1ಾಭ
ೊಡುವZ3ಾL ಆ*ೆ ಹುmG , ಇದುವ ೆ5ೆ >ೕಲgಂಡ 4uಾಸದ ಕ;ೇ<ಯ ಜಯನಗರ/4ಜಯನಗರ
11
ಎರಡು ?ಾ|ೆಗSಂದ ಒಟುG 226+12=238 Xೕm ಗೂ@† ಗಳನುO ಆರಂ[ ರುIಾ+ ೆ, ಇವರುಗಳ Aೈc
ಒಟುG 73+8=81 XೕmಗಳನುO ಅ\ಕೃತ2ಾL ಮತು+ 153+4=157 Xೕm ಗೂ@†ಗಳನುO ಅನ\ಕೃತ2ಾL
Iೆ ೆದು ಆರಂ[ ನ=ೆಸುIಾ+ &ಾಂಕ 20-10-2015 ರಂದು ಆ_ೕ 5ೆ [ೕಗ Hಾc ೊಂಡು ಪ ಾ<dಾL
*ಾವQಜ8ಕ<5ೆ ಇದುವ ೆ5ೆ ೊಡ ೇ ಾದ ಒಟುG 30,13,68,793 + 2,47,87,520=
32,61,56,313/- ರೂಗಳ vತ+ದ ಹಣವನುO ಾc ಉS ೊಂಡು *ಾವQಜ8ಕ<5ೆ 2ಾಪ ೊಡ3ೆ
ವಂಚ&ೆ Pಾ0 ಅವರ bIಾಸc+ಗಳ ಸಂರw!ೆ5ೆ ವಂX >ೕಲgಂಡ ಕಲಂಗಳ ಅನFಯ
ಅಪ ಾಧ2ೆಸLರುIಾ+ ೆ.
ಅ3ೇ <ೕK ಾಲಂ 4 ರ ರುವ ಎ3 ಆ ೋ ತ ಸಂ*ೆVಯ ಎ4, 45, ಮತು+ ಎ7 ಆ ೋ ಗಳ
83ೇQಶಕರುಗuಾLದು% ಇವರ Aೈc ಎ4 ಆ ೋ ಯು ಸಂ*ೆVಯ ಪ@ =ೆಂ- ಆLಯೂ ಎ5 ಮತು+ ಎ7
ಆ ೋ ಗಳ 83ೇQಶಕ ಾLರುIಾ+ ೆ. &ಾಂಕ 31/01/2014 ರಂದು ಎ-4, ಎ-5 & ಎ-7 ಆ ೋ ಗಳ
ಇತ ೆ 83ೇQಶಕರ xೊIೆಯ ಇ3ೇ >ೕಲgಂಡ ಕಟGಡದ 1&ೇ ಮಹ0ಯ " ?ೆ@ೕಯ *ೌHಾದQ
ೆ@0- ೋ-ಆಪ ೇmz ...tೆ`" Hೆಸ<ನ ೋ-ಅಪ ೇmz ...tೆ` ಅನುO ಆರಂ[ , ಎ-4
ಆ ೋ ಯು ಈ ಸಂ*ೆVಯ ಅಧ)w&ಾL ಉನOತ *ಾVನದ ಇದು% ೊಂಡು *ಾವQಜ8ಕ<5ೆ {ೇರುಗಳನುO
Pಾ ಾಟ Pಾಡುವ ಮೂಲಕ 544 ಜನ *ಾವQಜ8ಕರನುO ಸದಸ)ರ&ಾOL Pಾ0 ೊಂಡು ೆಲವZ
ಸದಸ)<ಂದ _ ೆD` =ೆAಾ -, <ಕ<ಂa =ೆAಾ -, Vä, ಮತು+ *ೇ4ಂa ಅ ೌಂ- ಗಳ ಮು|ಾಂತರ
ಇದುವ ೆ5ೆ ಒಟುG 1,81,85,300/-ರೂಗಳ ಹಣವನುO ಸಂಗ@b , ಈ ಹಣದ ಆ ೋ ಗಳ
ೇವW3ಾರರ bIಾಸc+ಯ ಸಂರw!ೆ5ೆ Pಾರಕ2ಾಗುವ <ೕKಯ ೈ1ಾ 8ಯಮಗಳನುO ಉಲಂ}
ಎ-4 & ಎ-5 ಆ ೋ ಗಳ ಎ-7 ಆ ೋ ಯ ಪKdಾದ ಎ-6 ಆ ೋ ಯ Hೆಸ<5ೆ ಒಟುG
75,00,000/-ರೂಗಳ *ಾಲ ಮಂಜೂರು Pಾ0, ಈ *ಾಲ ೆg dಾವZ3ೇ ಭದ@IೆಯನುO ಪ=ೆದು ೊಳ~3ೆ
ಇದು%ದ%<ಂದ ಆ ೋ ಯು ಈ ಹಣವನುO ಬ0R ಸ>ೕತ ಸಂ*ೆV5ೆ ಮರುAಾವK ರುವZ ಲ. ಅ3ೇ <ೕK
ಎ-5 ಆ ೋ ಯು ಸಹ ಒಟುG 14,00,000/-ರೂಗಳ *ಾಲ ಪ=ೆದು ೊಂಡು ಈ *ಾಲ ೆg dಾವZ3ೇ
ಭದ@Iೆ ೊಡ3ೆ ಇದು%ದ%<ಂದ ಆ ೋ ಯು ಇದುವ ೆ5ೆ *ಾಲದ ಹಣವನುO ಬ0R ಸ>ೕತ ಸಂ*ೆV5ೆ
ಮರುAಾವK ರುವZ ‡ಲ. Hಾಗೂ ಆ ೋ ಗಳ ಒಟುG 1,15,00,000/-ರೂಗಳ ಹಣವನುO dಾವZ3ೇ
ಭದ@Iೆ ಪ=ೆದು ೊಳ~3ೆ *ಾವQಜ8ಕ<5ೆ *ಾಲ ಮಂಜೂರು Pಾ0ದ%<ಂದ ಅವರುಗಳ ಸಹ ಹಣವನುO ಬ0R
ಸ>ೕತ ಮರುAಾವK Pಾ0ರುವZ ಲ. *ಾವQಜ8ಕ<ಂದ ಸಂಗ@ಹ2ಾLದ% ಹಣವನುO ಆ ೋ ಗಳ
ಇಷG ೆg ಬಂದಂIೆ ಖಚುQ Iೋ< ದ%<ಂದ ಎ3 ಸಂ*ೆVಯ ಸದಸ)<ಂದ ಸಂಗ@ಹ2ಾLದ% ಒಟುG
1,83,21,250/-ರೂಗಳ ಹಣವZ ನಷGದ ಮುಳ ಗಲು, ಎ-4 <ಂದ ಎ-7 ಆ ೋ ಗಳ ಾರಣ2ಾLದು%:
&ಾಂಕ 20-10-2015 ರಂದು ಕˆೇ<5ೆ [ೕಗ Hಾc ೊಂಡು ಪ ಾ<dಾL *ಾವQಜ8ಕ<5ೆ ವಂX
ಅಪ ಾಧ2ೆಸLರುIಾ+ ೆ.
>ೕಲgಂಡ ಎ-4 <ಂದ ಎ-7 ರವ ೆLನ ಆ ೋ ಗಳ ಗಂಡ, HೆಂಡK, ಮಗ ಮತು+
*ೊ*ೆdಾLದು%, *ಾವQಜ8ಕ<5ೆ ವಂಚ&ೆ Pಾಡುವ ಸPಾನ ಉ3ೆ%ೕಶ ಂದ >ೕಲgಂಡ 4uಾಸದ
12
ಒಂ3ೇ ಕಟGಡದ ?ೆ@ೕಯ Aೆl&ಾCD & ಇ&ೆF ->ಂ- (<) ಮತು+ ?ೆ@ೕಯ bಂk X-D
ಇಂ0dಾ Aೆl. Hಾಗೂ ?ೆ@ೕಯ *ೌHಾದQ ೆ@0- ೋ-ಅಪ ೇmz . ಅನುO ಆರಂ[ >ೕ1ೆ
4ವ< ದ <ೕKಯ *ಾವQಜ8ಕ<ಂದ ಹಣವನುO ಸಂಗ@b &ಾಂಕ-20-10-2015 ರಂದು ಆ_ೕ
ಗS5ೆ [ೕಗ Hಾc, *ಾವQಜ8ಕ<ಂದ ಸಂಗ@ಹ2ಾLದ% ಒtಾG ೆ ಹಣ 115,90,52,570/- ರೂಗಳ
ಬಹು ೋmಗS5ೆ ವಂX ಅಪ ಾಧ2ೆಸLರುವZದ<ಂದ ಆ ೋ ಗಳ >ೕಲgಂಡ ಕಲಂ ಅನFಯ
‚ƒಾಹQ ೆಂದು ಈ 3ೋ{ಾ ೋಪ!ೆಯನುO 82ೇ ಸ1ಾL3ೆ."
The petitioners, on filing the charge sheet, were before this Court in
two of the petitions along with others. Those petitions come to be
allowed on a technical ground that the Company was not made a
party, while the petitioners who were Directors were made as
parties. Following an earlier decision rendered by the coordinate
Bench, the filing of charge sheet stood quashed reserving liberty to
act in accordance with law. It is then the defect was cured by the
State by arraigning the Company as a party, on filing an additional
charge sheet. The concerned Court then takes cognizance of the
offence and registers a special criminal case against the accused.
The order of taking cognizance reads as follows:
".... .... ....
Initially, charge sheet has been filed against the accused
persons but, the Company had not been made an accused.
Consequently, the Hon'ble High Court of Karnataka, Bengaluru
was pleased to quash the case by giving liberty to the State to
take appropriate action in accordance with Law.
13
Now, the IO has filed the present charge sheet against
accused No.1 to 5. Perusal of the charge sheet and
accompanying material reflects that, the accused had induced
the general public to invest their money in accused No.1
Company by offering a higher rate of interest. That, having
obtained deposits from 1161 depositors to the tune of
Rs.81,47,10,957/-, the accused have absconded and thereby,
they have cheated the general public including the depositors.
The prosecution material and statement of witnesses
clearly reflect that, there is a prima facie case against the
accused No. 1 to 5 for the offences p/u/s 420 r/w 34 IPC and
Sec.9 of KPIDFE Act along with Sec.76 of Chit Funds Act and
Sec.38, 39 and 41 of Karnataka Money Lenders Act and
cognizance has to be taken for that. As such, the accused are
required to be summoned before the Court. Accordingly.
ORDER
Acting under Sec. 190(1)(b) of the Code of Criminal
Procedure, cognizance is taken for the offences p/u/s 420 r/w
34 IPC and Sec.9 of KPIDFE Act along with Sec.76 of Chit Funds
Act and Sec.38, 39 and 41 of Karnataka Money Lenders Act.
Office is directed to register this case as Special CC.
Issue summons to accused No.1 to 5, r/by 08.09.2023."
The order is passed on 21-07-2023 for offences punishable as
afore-quoted. The offence under Section 420 of the IPC, is on the
face of it met in the case at hand.
8. Section 420 of the IPC has its ingredients in Section 415 of
the IPC. Section 415 requires luring of the victim by the accused
with a dishonest intention from the inception. Not the de-facto
complainant, but 1060 persons are lured into the chit fund
transaction and ₹115/- crores is collected and siphoned of.
Therefore, the offence under Section 420 of the IPC is prima facie
met. It is for the petitioners to come out clean in a full-blown trial.
9. The other offences under the KPID Act or the Chit Funds
Act or the Money Lenders Act are the off-shoot of transaction by the
Company in which the petitioners were the Directors at the relevant
point in time. The petition revolves round seriously disputed
questions of fact. In this regard, it is apposite to refer to the
judgment of the Apex Court in KAPTAN SINGH v. STATE OF
UTTAR PRADESH1, wherein it is held as follows:
".... .... ....
"9.1. At the outset, it is required to be noted that
in the present case the High Court in exercise of powers
under Section 482 CrPC has quashed the criminal
proceedings for the offences under Sections 147, 148,
149, 406, 329 and 386 IPC. It is required to be noted
that when the High Court in exercise of powers under
Section 482 CrPC quashed the criminal proceedings, by
the time the investigating officer after recording the
statement of the witnesses, statement of the
complainant and collecting the evidence from the
(2021) 9 SCC 35
incident place and after taking statement of the
independent witnesses and even statement of the
accused persons, has filed the charge-sheet before the
learned Magistrate for the offences under Sections 147,
148, 149, 406, 329 and 386 IPC and even the learned
Magistrate also took the cognizance. From the impugned
judgment and order [Radhey Shyam Gupta v. State of U.P.,
2020 SCC OnLine All 914] passed by the High Court, it does
not appear that the High Court took into consideration the
material collected during the investigation/inquiry and even
the statements recorded. If the petition under Section 482
CrPC was at the stage of FIR in that case the allegations
in the FIR/complaint only are required to be considered
and whether a cognizable offence is disclosed or not is
required to be considered. However, thereafter when
the statements are recorded, evidence is collected and
the charge-sheet is filed after conclusion of the
investigation/inquiry the matter stands on different
footing and the Court is required to consider the
material/evidence collected during the investigation.
Even at this stage also, as observed and held by this Court in
a catena of decisions, the High Court is not required to go into
the merits of the allegations and/or enter into the merits of
the case as if the High Court is exercising the appellate
jurisdiction and/or conducting the trial. As held by this Court
in Dineshbhai Chandubhai Patel [Dineshbhai Chandubhai
Patel v. State of Gujarat, (2018) 3 SCC 104 : (2018) 1 SCC
(Cri) 683] in order to examine as to whether factual contents
of FIR disclose any cognizable offence or not, the High Court
cannot act like the investigating agency nor can exercise the
powers like an appellate court. It is further observed and held
that that question is required to be examined keeping in view,
the contents of FIR and prima facie material, if any, requiring
no proof. At such stage, the High Court cannot appreciate
evidence nor can it draw its own inferences from
contents of FIR and material relied on. It is further
observed it is more so, when the material relied on is
disputed. It is further observed that in such a situation,
it becomes the job of the investigating authority at such
stage to probe and then of the court to examine
questions once the charge-sheet is filed along with such
material as to how far and to what extent reliance can
be placed on such material.
9.2. In Dhruvaram Murlidhar Sonar [Dhruvaram
Murlidhar Sonar v. State of Maharashtra, (2019) 18 SCC 191 :
(2020) 3 SCC (Cri) 672] after considering the decisions of this
Court in Bhajan Lal [State of Haryana v. Bhajan Lal, 1992
Supp (1) SCC 335 : 1992 SCC (Cri) 426] , it is held by this
Court that exercise of powers under Section 482 CrPC to
quash the proceedings is an exception and not a rule. It is
further observed that inherent jurisdiction under
Section 482 CrPC though wide is to be exercised
sparingly, carefully and with caution, only when such
exercise is justified by tests specifically laid down in the
section itself. It is further observed that appreciation of
evidence is not permissible at the stage of quashing of
proceedings in exercise of powers under Section 482
CrPC. Similar view has been expressed by this Court in Arvind
Khanna [CBI v. Arvind Khanna, (2019) 10 SCC 686 : (2020) 1
SCC (Cri) 94] , Managipet [State of Telangana v. Managipet,
(2019) 19 SCC 87 : (2020) 3 SCC (Cri) 702] and
in XYZ [XYZ v. State of Gujarat, (2019) 10 SCC 337 : (2020) 1
SCC (Cri) 173] , referred to hereinabove.
9.3. Applying the law laid down by this Court in the
aforesaid decisions to the facts of the case on hand, we are of
the opinion that the High Court has exceeded its jurisdiction in
quashing the criminal proceedings in exercise of powers under
Section 482 CrPC.
10. The High Court has failed to appreciate and consider
the fact that there are very serious triable issues/allegations
which are required to be gone into and considered at the time
of trial. The High Court has lost sight of crucial aspects which
have emerged during the course of the investigation. The High
Court has failed to appreciate and consider the fact that the
document i.e. a joint notarised affidavit of Mamta Gupta
Accused 2 and Munni Devi under which according to Accused 2
Ms Mamta Gupta, Rs 25 lakhs was paid and the possession
was transferred to her itself is seriously disputed. It is required
to be noted that in the registered agreement to sell dated 27-
10-2010, the sale consideration is stated to be Rs 25 lakhs
and with no reference to payment of Rs 25 lakhs to Ms Munni
Devi and no reference to handing over the possession.
However, in the joint notarised affidavit of the same date i.e.
27-10-2010 sale consideration is stated to be Rs 35 lakhs out
of which Rs 25 lakhs is alleged to have been paid and there is
a reference to transfer of possession to Accused 2. Whether Rs
25 lakhs has been paid or not the accused have to establish
during the trial, because the accused are relying upon the said
document and payment of Rs 25 lakhs as mentioned in the
joint notarised affidavit dated 27-10-2010. It is also required
to be considered that the first agreement to sell in which Rs 25
lakhs is stated to be sale consideration and there is reference
to the payment of Rs 10 lakhs by cheques. It is a registered
document. The aforesaid are all triable issues/allegations
which are required to be considered at the time of trial. The
High Court has failed to notice and/or consider the material
collected during the investigation.
11. Now so far as the finding recorded by the High Court
that no case is made out for the offence under Section 406 IPC
is concerned, it is to be noted that the High Court itself has
noted that the joint notarised affidavit dated 27-10-2010 is
seriously disputed, however as per the High Court the same is
required to be considered in the civil proceedings. There the
High Court has committed an error. Even the High Court has
failed to notice that another FIR has been lodged against the
accused for the offences under Sections 467, 468, 471 IPC
with respect to the said alleged joint notarised affidavit. Even
according to the accused the possession was handed over to
them. However, when the payment of Rs 25 lakhs as
mentioned in the joint notarised affidavit is seriously disputed
and even one of the cheques out of 5 cheques each of Rs 2
lakhs was dishonoured and according to the accused they were
handed over the possession (which is seriously disputed) it can
be said to be entrustment of property. Therefore, at this stage
to opine that no case is made out for the offence under
Section 406 IPC is premature and the aforesaid aspect is to be
considered during trial. It is also required to be noted that the
first suit was filed by Munni Devi and thereafter subsequent
suit came to be filed by the accused and that too for
permanent injunction only. Nothing is on record that any suit
for specific performance has been filed. Be that as it may, all
the aforesaid aspects are required to be considered at the time
of trial only.
12. Therefore, the High Court has grossly erred in
quashing the criminal proceedings by entering into the
merits of the allegations as if the High Court was
exercising the appellate jurisdiction and/or conducting
the trial. The High Court has exceeded its jurisdiction in
quashing the criminal proceedings in exercise of powers
under Section 482 CrPC.
13. Even the High Court has erred in observing that
original complaint has no locus. The aforesaid observation is
made on the premise that the complainant has not placed on
record the power of attorney along with the counter filed
before the High Court. However, when it is specifically stated
in the FIR that Munni Devi has executed the power of attorney
and thereafter the investigating officer has conducted the
investigation and has recorded the statement of the
complainant, accused and the independent witnesses,
thereafter whether the complainant is having the power of
attorney or not is to be considered during trial.
14. In view of the above and for the reasons stated
above, the impugned judgment and order [Radhey Shyam
Gupta v. State of U.P., 2020 SCC OnLine All 914] passed by
the High Court quashing the criminal proceedings in exercise
of powers under Section 482 CrPC is unsustainable and the
same deserves to be quashed and set aside and is accordingly
quashed and set aside. Now, the trial is to be conducted and
proceeded further in accordance with law and on its own
merits. It is made clear that the observations made by this
Court in the present proceedings are to be treated to be
confined to the proceedings under Section 482 CrPC only and
the trial court to decide the case in accordance with law and
on its own merits and on the basis of the evidence to be laid
and without being influenced by any of the observations made
by us hereinabove. The present appeal is accordingly allowed."
(Emphasis supplied)
10. In the light of the afore-mentioned judgment of the Apex
Court, there would be no warrant to entertain the subject petition
which is shrouded with seriously disputed questions of fact. Insofar
as the submission that the order of taking cognizance does not bear
application of mind is also untenable, as cognizance has already
been taken. The only defect found was, the Company not being
made a party. After the Company is made a party cognizance is
taken which is quoted hereinabove. It nowhere depicts non-
application of mind. Even otherwise, non-application of mind in
taking of cognizance will not take away the effect of crime from the
allegations.
11. Finding no merit in the petition, the petition stands
dismissed. Interim order if any operating stands dissolved.
Consequently, I.A.No.1 of 2024 also stands disposed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
Bkp/CT:MJ
