MURIGEPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in P.C. No. 22/2015, on the file of Prl. Senior Civil Judge and CJM, Bagalkot, has come up in this petition seeking quashing of the same on the ground that referring the private complaint which is filed under Sec. 200 of Cr.P.C, for investigation under Sec. 156(3) of Cr.P.C, is not properly considered and it is mechanically done without applying mind and also on the ground that the dispute between the parties being civil in nature, this private complaint is made use of as a tool to coerce the accused to come for settlement and it is also sought to be quashed on the ground that the complaint is not properly pleaded.

(2.) Heard the learned counsel for the petitioner and the learned Government pleader appearing for respondent No. 1 and also the learned counsel appearing for the 2nd respondent.

(3.) The sum and substance of the complainant's grievance is that the accused in private complaint is none other than his brother. According to him, since 1995 -96, the complainant, his brother the accused in P.C. No. 22/2015, their mother Smt. Sharadabai and another brother by name Shivappa were carrying on business in partnership under the name and style M/s. V.P. Nara. It is also stated that the complainant, accused and their another brother Shivappa started another partnership firm under the name and style M/s. Prakash Traders, which was commenced on 28.5.1998. It is further stated that their brother Shivappa retired from both the firms in the year 2013. The case of the complainant is that neither the complainant nor his another brother Shivappa or their mother had given power of attorney to any person for running aforesaid business.