P. PAWAN KUMAR REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the order dtd. 27/9/2019 passed by the I Additional Chief Metropolitan Magistrate, whereby the learned Magistrate was pleased to dismiss the 'B' Report and consequently registered the criminal case against the accused/ petitioner for the offence punishable under Ss. 406, 408 and 420 of IPC in C.C.No.23708/2019 and also consequently to quash the entire proceedings in C.C.No.23708/2019 and pass such other orders as deem fit in the facts and circumstances of the case.

(2.) The factual matrix of the case is that respondent No.2 herein had lodged the complaint with respondent No.1 and the police after the investigation have filed the 'B' Report, against which respondent No.2 filed a protest petition and thereafter, the sworn statement of the complainant was recorded and also examined another witness as P.W.2. The Trial Court, after considering the sworn statement, protest petition and material placed before the Court, rejected the 'B' Report and issued the process against the petitioner herein.

(3.) The main contention of the learned counsel for the petitioner before this Court is that learned Magistrate has committed an error in issuing the process when the complaint has been filed by respondent No.2 on 17/8/2015 for committing a fraud, cheating and financial irregularities in the Company. Based on the said complaint, a Crime in No.162/2015 was registered on 4/7/2015 after the unexplained and inordinate delay of two years from the date of the offence. The allegation made in the complaint is that the act of crime has been committed between 7/1/2011 and 30/9/2013. The respondent No.2 had not given any explanation with regard to the inordinate delay in lodging the complaint. The averments made in the complaint are bald and vague. It is manifestly clear that the proceedings initiated as against the petitioner is only with a sole intention to harass him. Learned Magistrate has not applied his judicious mind while issuing the process and rejecting the 'B' report. The sworn statement of the complainant was recorded. Learned Magistrate after examining the protest petition and also the sworn statement, proceeded to reject the 'B' Report but failed to consider the reason given by the Investigating Officer while filing the 'B' Report. In the absence of any material, if any criminal prosecution is initiated against the petitioner herein, it amounts to an abuse of process.