N C SUDHIR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is by the office bearers, former office bearers and employees of Karnataka Badminton Association, Bangalore, ('KBA' for short) and their prayer is for quashing F.I.R. No. 131/2002 registered by R-1 State against the petitioners in respect of the offences under Sections 406, 420 and 417 of the I.P.C.

(2.) THE learned counsel for the petitioners submits that the only grievance of the complainant as could be seen from the complaint addressed to the Deputy Commissioner of Police, Bangalore, is that, the KBA has not paid cost of Rs.15,000/- as per the orders of the Hon'ble Court and, therefore, the complainant wanted the police to take necessary action against the office bearers of the K.B.A. Referring to the order passed by the National Consumer Disputes Redressal Commission, New Delhi, the submission made by the learned counsel for the petitioners is that, the Commission ordered payment of cost of Rs.15,000/- to be paid to the complainant by the K.B.A. and this order was passed on 10.5.1012. The petitioners responded to the same by writing to the counsel for the complainant at Delhi enclosing a demand draft for Rs.15,000/- which, according to the petitioners' counsel, was received by the complainant's counsel. Therefore, the F.I.R. registered against the petitioners by the police is nothing but harassment.

(3.) HAVING thus heard the learned counsel for the parties and also R-2 party-in-person, who is the complainant, insofar as the payment of Rs.75,000/- is concerned, at page-33 to this petition, there is an endorsement stating that the cheque for Rs.75,000/- has been received and signed by the complainant. As far as payment of Rs.15,000/- is concerned, the documents produced by the petitioners, which is at page-44 to this petition, reveals that the demand draft bearing the number mentioned in the letter at the bottom was sent to the counsel Mrs. Kiran Suri at New Delhi for being paid to the complainant. The complainant also admits having received the cover.