VASUDEV SRIVATSA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard Sri.Anand Muttalli, learned counsel for petitioner and Sri. B.S. Prasad, learned Special Public Prosecutor for the respondent.

(2.) The petitioner is shown as accused No.3 in Crime No.3/2015 (Special C.C.No.91/2017). He has sought to quash the proceedings in Spl.CC.No.91/2017 (Annexure-B) on the file of the Hon'ble XXIII Additional City Civil and Sessions Court, Special Judge for Prevention of Corruption Cases, Bengaluru City, insofar as the petitioner is concerned.

(3.) The grievance of the petitioner is that, he has been prosecuted for the alleged offences in his capacity as a partner of the firm by name 'Nivya Traders'. The firm is not made an accused. The prosecution has not produced any material to show that at the relevant time, the petitioner was in-charge of the affairs of the firm or anyway involved in the transaction in question. The allegations made in the complaint disclose that the alleged transaction was entered into by the firm and the material produced along with the charge sheet also disclose that the payment was received by the firm and therefore, without there being prima facie material to show the involvement of the petitioner in the alleged transaction and that he was in-charge of the affairs of the firm, the prosecution of the petitioner is illegal and amounts to abuse of the process of the court.