KIRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petitioners are accused Nos. 1, 2 and 3 respectively in both the criminal cases in CC No.187/2017 for the offences punishable under Sections 182 , 404 , 406 , 419 , 420 , 465 , 468 and 474 read with Section 34 of the IPC and CC No.188/2017 for the offences punishable under Sections 182 , 404 , 406 , 420 , 465 , 468 , 471 and 474 read with Section 34 of the IPC. Both the cases are said to be pending in the Court of the learned Civil Judge and JMFC at Bhatkal (hereinafter referred to as 'the trial Court', for brevity). The petitioners have sought for quashing of the said criminal proceedings against them.

(2.) The present respondent No.2 is the complainant in both the cases, whose private complaint was investigated by the 1st respondent Police, which has resulted into they filing charge sheet against the present petitioners in both the cases. The allegations made in both the charge sheets against the petitioners are all identical except the alleged quantum of the amount said to have been involved in commission of the Crime.

(3.) The summary of the charge sheets are that, the present respondent No.2 (complainant) and the present petitioners/accused Nos. 1 to 3 are known to each other. At the request of the petitioner Sri. Kiran @ Kirankumar, respondent No.2/complainant gave him a hand loan of Rs.4,00,000/- on 04.04.2012 and another sum of Rs.9,00,000/- on dt.10.01.2013, however, the loan was availed for the family necessities of the loanee and in the presence of the remaining accused (petitioners).