GURURAJ JOSHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No. 2 in Crime No. 77/2011 registered with Chikkanayakanahalli police within the jurisdiction of JMFC Court, Chikkanayakanahalli, has come up in this petition seeking quashing of the complaint registered against him and others for offences punishable under Sections 409, 420, 467, 468, 471, 120B of IPC. The prayer in the present petition is confined to the petitioner-second accused.

(2.) Admittedly, the complaint in Crime No. 77/2011 is registered at the instance of second respondent Sri V. Selvaraj, who is said to be the erstwhile client of petitioner Gururaj Joshi. It is stated by the petitioner that the complaint dated 10.4.2011 is filed against him alleging that petitioner herein, who was earlier an Advocate to second respondent has colluded with accused 1 and 3, who are complainants, business rivals and adversaries in various litigations, which were already pending in various courts, more particularly, in two suits which are in O.S. No. 138/2006 and 144/2006, both between complainant and first accused M/s. Fiza Developers. The sum and substance of the complaint is that the petitioner herein, who was the Advocate for second respondent has created certain documents utilising the blank green sheets bearing signature of complainant, which were in the safe custody of the petitioner in confidence i.e., signed blank sheets available with him are utilised for withdrawal of the suit which were filed by the complainant to accommodate accused Nos. 1 and 3 and also in creating certain documents in the form of general power of attorney and other documents, thereby creating an advantage to accused 1 and 3 to the detriment of complainant.

(3.) With these accusations, the complaint is filed in the year 2011. It is seen that subsequently, this petition is filed seeking quashing of the said complaint on the ground that the complainant herein, who was earlier client of the petitioner had taken his services to appear in as many as 29 cases resulting in petitions being filed in the courts at Chikkanayakanahalli, Tiptur, Tumkur, High Court of Karnataka as well as before the Apex Court. That for the services rendered by him for the period from 2006 to 2011, he was required to pay a sum of Rs. 50,00,000/- towards professional fees to the petitioner. Hence, it is stated that two cheques were sent to him towards the said fees and as and when said cheques were deposited in to the bank, they were dishonoured for want of sufficient funds. Hence, petitioner initiated proceeding against second respondent in C.C. No. 22292/2011 and 22293/2011 on the file of XV ACMM Court, Bangalore. It is his specific contention that in retaliation to initiation of aforesaid proceedings, the present complaint is filed as a counter blast. Therefore, this criminal petition which is filed should be allowed and the proceeding initiated in Crime No. 77/2011 should be quashed, as against the petitioner.