(1.) This petition filed by the petitioner accused Nos.1 to 7 and accused No.13 under Sec. 482 of Cr.P.C for quashing the criminal proceedings in FIR Crime No.2/2023 registered by Hebbala police station for the offence punishable under Ss. 120B , 420 read with 34 of IPC pending on the file of I ACMM, Nrupatunga road Bengaluru.
(2.) Heard learned counsel for petitioners, learned HCGP for the State and learned senior counsel for respondent no.2.
(3.) The case of the petitioner is that the respondent No.2 filed this complaint before the police on 7/1/2023 alleging that the complainant is the staff member of the Gowtham college of Pharmacy, Bengaluru where the accused No.1 Kavitha Sarvesh being the Chairperson of the Gowtham college of Pharmacy belongs to a trust namely Udaya Vidya Kenra and she is in collusion with the secretary Kamalabai accused No.2 in misappropriating the funds belongs to the trust by creating the false vouchers in respect of unspent money in order to misappropriate the funds of the institution by misusing the power. It is further alleged that the Chairperson and the Secretary were discretionary in the matter of admission and the complainant served as Treasurer of the society and upon ascertaining the letter dtd. 26/10/2017 addressed by one Jyothi upon her knowledge about the illegalities that the Chairman and the Secretary and she has filed complaint before the Deputy Registrar Society regarding enquiring the misappropriation. It is further alleged that the accused No.1 was indulged in the destruction of the books of accounts at the office of the Principal one Rinku Mathappan who wrote letter on 12/1/2018 to the Accountant Jyothi where the files were kept in the Principals room since Rinku Mathappan was not handover the same as on taking over the charge. In the reply by Jyohti on 12/1/2018 that she has assumed the charge as Accountant in the year 2006, but the books of accounts and files were not kept in the Principal's room and the Kavitha Sarvesh and Kamalabai had visited the premises and they took blank vouchers receipts from the office and the office boy one Arun in collusion with accused No.s1 and 3, the stolen receipts were misused in creating the documents.