B.R. PRABHAKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the charge-sheet in C.C.No.838/2019 in Crime No.121/2015 on the file of the Additional Civil Judge and JMFC, Chintamani.

(2.) The factual matrix of the case is that the bank had lodged a private complaint against one Sri Nallappa invoking Sec. 200 of Cr.P.C. for the offences punishable under Ss. 420, 462, 465, 466, 467, 468, 470, 471, 475 and 476 of IPC and the matter was referred for investigation. The police after the investigation have filed the charge-sheet and while filing the charge-sheet, arraigned the petitioner as accused No.2, who gave legal opinion in favour of the bank being an advocate of bank panel.

(3.) The learned counsel for the petitioner would vehemently contend that the bank while lodging the complaint has not arraigned the petitioner as accused. There are no specific allegations against the petitioner and he has been falsely implicated and the petitioner has discharged his duty in giving the opinion. While giving the legal opinion with regard to saguvali chit, a note was made and when such being the facts and circumstances of the case, there cannot be any criminal prosecution against the petitioner.