Case Note & Summary
The common order dealt with six criminal petitions filed under Section 482 of the Code of Criminal Procedure, 1973 by the accused persons in C.C. Nos. 761 and 762 of 2015 pending before the Principal Civil Judge and JMFC, Anekal. The petitioners sought to set aside the cognizance order dated 07.08.2015 and quash the criminal proceedings for offences under Sections 403, 420, 467, 468, 474 and 120B of the Indian Penal Code. The cases arose out of FIRs in Crime Nos. 143 and 144 of 2015 registered at Anekal Police Station on the complaints of Dr. Madhukar G Angur and his wife Smt. B.S. Priyanka. The complaints alleged that on 19.05.2015, the informants received a registered post from accused No.1 indicating that 90% of the share capital of their company had been transferred to his name, along with photocopies of share certificates and a security transfer letter. The informants claimed that their signatures on these documents were forged, and they suspected that the original share certificates had been stolen and misused. During investigation, further statements revealed existence of additional documents—a share purchase agreement, a memorandum of understanding, and a special power of attorney—all dated 29.01.2015, which the informants denied ever executing. It was alleged that all six accused conspired together, forged the signatures of the complainants, and created these documents to facilitate illegal transfer of shares. The charge sheet was filed accordingly. The Trial Court took cognizance of the offences and ordered registration of the criminal cases. The High Court heard the parties and reserved the matter for judgment on 06.08.2024, with the order pronounced on 03.09.2024. The extracted text does not contain the detailed legal reasoning or final decision of the High Court.
Issue of Consideration
Whether the criminal proceedings in C.C. Nos. 761 and 762 of 2015 should be quashed under Section 482 of the Code of Criminal Procedure, 1973 for alleged offences under Sections 403, 420, 467, 468, 474, 120B of the Indian Penal Code, 1860
Case Details
2024 LawText (KAR) (09) 55
CRL.P No. 8939 of 2018 c/w CRL.P No. 6007 of 2015, CRL.P No. 7789 of 2015, CRL.P No. 7790 of 2015, CRL.P No. 8938 of 2018, CRL.P No. 2440 of 2020
Siddharth B. Muchandi, Chethan B. Angadi, M.P. Srikanth, K.P. Yashodha, H.S. Srivasthava, R. Nagendra Naik, K.N. Subba Reddy, H.K. Srivasthava
B. Manjunath, K. Ravinder Reddy, Dr. K. Srinivas Reddy, Mahesh
State of Karnataka, Dr. Madhukar G Angur, Smt. Priyanka B.S.
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Nature of Litigation
Criminal petitions under Section 482 Cr.P.C. seeking to quash criminal proceedings for alleged offences of cheating, forgery, and conspiracy.
Remedy Sought
The petitioners (accused) sought to set aside the cognizance order dated 07.08.2015 and quash the entire criminal proceedings in CC No.761/2015 and CC No.762/2015.
Filing Reason
The accused allege that the criminal proceedings are based on false allegations and seek to have them quashed.
Previous Decisions
The Trial Court took cognizance on 07.08.2015 and ordered registration of criminal cases in CC No.761/2015 and CC No.762/2015.
Issues
Whether the criminal proceedings in CC No.761/2015 and CC No.762/2015 for offences under Sections 403, 420, 467, 468, 474, 120B IPC should be quashed under Section 482 Cr.P.C.?
Judgment Excerpts
It is alleged in the complaint that on 19.05.2015, the complainants received a registered post from accused No.1 containing the details that 90% of share capital of the Company belonging to the complainants were transferred in the name of accused No.1.
The informants found that the signatures on the said documents were forged.
Procedural History
On the basis of complaints filed by Dr. Madhukar G Angur and Smt. B.S. Priyanka, Crime Nos. 143 and 144 of 2015 were registered at Anekal Police Station. After investigation, charge sheet was filed against six accused for offences under IPC. The Trial Court took cognizance on 07.08.2015 and ordered registration of criminal cases in C.C. No. 761/2015 and C.C. No. 762/2015. The accused filed petitions under Section 482 Cr.P.C. before the High Court. The High Court heard the matters and reserved judgment on 06.08.2024, pronounced on 03.09.2024.
Acts & Sections
- Indian Penal Code, 1860: 403, 420, 467, 468, 474, 120B
- Code of Criminal Procedure, 1973: 482
