H.Y. MANOJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri. B. Keshava Kumar, High Court Government Pleader Sri. Mahesh Shetty, and Sri. Mayur D. Bhanu, learned counsel for respondent no.2.

(2.) This is a petition under Sec. 482 of Cr.P.C., the petitioner has sought quashing of the FIR in Cr.No.174/2020 registered for the offences punishable under Ss. 384 and 504 r/w 34 of IPC. The second respondent made a report to the police on 10/12/2020 stating that himself and the petitioner are doing business in partnership and that the petitioner had lent him some money for the sake of business. It appears that the complainant i.e., respondent no.2 was due to pay a sum of Rs.15,50,000.00 to the petitioner and in order to recover the same, it is alleged that on 7/12/2020 at 6. 00 p.m. the petitioner went to the house of the complainant and threatened the complainant and his family members. On that day he had taken with him some rowdy elements also.

(3.) It is the argument of the petitioner's counsel that prima facie reading of the complaint does not constitute any offence. According to the complaint, the complainant was due in a sum of Rs.15,50,000.00 to the petitioner. In order to avoid repayment, false complaint has been registered against the petitioner. The matter is purely civil in nature. All the allegations are false and therefore FIR needs to be quashed.