Karnataka High Court
CRL.P/1104/2020 of M/S. JANATHA SEVA CO-OPERATIVE BANK LTD. Vs THE STATE OF KARNTAKA on 30 September 2026
CNR: KAHC010056822020 NC: 2026:KHC:54336 CRL.P No. 1104 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL PETITION NO.1104 OF 2020 BETWEEN: 1. M/S. JANATHA SEVA CO-OPERATIVE BANK LTD. NO.14,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION NO.1104 OF 2020
BETWEEN:
1.
M/S. JANATHA SEVA CO-OPERATIVE BANK LTD.
NO.14, RAJATHA BHAVAN, 1ST MAIN ROAD
HAMPINAGAR 2ND STAGE, VIJAYANAGAR
BENGALURU-560104
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
SMT. BAGHYA.
…PETITIONER
(BY SRI. NANDAN KUMAR R., ADVOCATE FOR
SRI. LOKESH K.V., ADVOCATE)
AND:
1.
THE STATE OF KARNTAKA
BY THE VIJAYNAGAR NAGAR POLICE
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2.
SRI. R. KUMAR S/O LATE L.A.RUDRACHAR
AGED ABOUT 47 YEARS
R/AT NO.438, 9TH CROSS
5TH MAIN, 9TH BLOCK
VINAYAKA LAYOUT, NAGARBHAVI
BENGALURU-560072
…RESPONDENTS
(BY SRI. SUHAS GOWDA M., HCGP FOR R1;
R2 SERVED [VIDE ORDER DATED 21.09.2026])
Digitally signed
by DEVIKA M
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ORDER DATED 24.01.2020
PASSED BY HONBLE XXIV ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BENGALURU, IN PCR NO.1060/2020 AS PER
ANNEXURE-A AND ALSO TO QUASH THE CONSEQUENTIAL FIR
REGISTERED
BY
VIJAYNAGAR
POLICE
STATION
IN
CR.NO.21/2020 AS AGAINST THE PETITIONER PENDING
BEFORE THE XXIV ADDITIONAL CMM COURT FOR THE ALLEGED
OFFENCES PUNISHABLE UNDER SECTIONS423, 120-B, 419, 420, 465, 418, 417, 464 OF IPC AS PER ANNEXURE-C AND ALL
THE ANCILLARY PROCEEDINGS THAT COMES OUT OF THE FIR
AS AGAINST THE PRESENT PETITIONER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
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ORAL ORDER
Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1.
2. This petition is filed in 2020 and records also disclose that PCR was filed and the same was received by the Court and directed to register the PCR on presentation of the PCR. The Court also passed an order perusing the averments made in the complaint and also documents enclosed in support of the complaint averments. It is contented that, in this case, huge amount was involved and accused persons, colluding together, committed the offences under Sections 417, 418,
HC-KAR
419, 420, 421, 422, 423, 464 and 465 read with Section 120(B) of IPC. As per the said documents, prima facie, it is the opinion of the Court that it appears that accused persons have committed the offence and cognizable offences are discloses in the complainant. Hence, invoked Section 156(3) of Cr.P.C. directing the Investigating Officer to investigate the matter and submit a report. This order is challenged before this Court.
3. The Court has to take note only whether the learned Magistrate while referring the matter under Section 156(3) of Cr.P.C. has applied his mind and having taken note of the contents of PCR and also the documents produced along with the complaint, invoked Section 156(3) of Cr.P.C. which is only a pre-cognizance order. When such application of mind was made by learned Magistrate while referring the matter under Section 156(3) of Cr.P.C., question of entertaining the petition does not arise. When the Trial Court looked into the contents of complaint and also the documents filed along with complaint and referred the matter for investigation, I do not find any grounds to quash the order of the Trial Court in
HC-KAR
referring the matter under Section 156(3) of Cr.P.C. to the Investigating Officer to investigate the matter and file report. Accordingly, the criminal petition is dismissed.
Sd/- (H.P.SANDESH) JUDGE
ST List No.: 1 Sl No.: 20