LAWS(KAR)-2018-12-338

M.J. MOHAN Vs. STATE OF KARNATAKA

Decided On December 21, 2018
M.J. Mohan Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard counsel for the petitioners and learned High Court Government Pleader. Perused the records.

(2.) On the basis of the complaint filed by Prashant G. Koppal S/o Gundappa, respondent No.1 - police have registered the case in Crime No.469/2018. The allegations are that in the year 2015, he had joined MVJ Medical College and Research Hospital at Hosakote, for M.D. Course which was allotted to him through CET. There were 45 other students for MDS Course and 15 students for diploma course. As per the guide lines of Medical Council of India and RGUMS, the complainant and other students of PG Course and Diploma Course were entitled to stipend / scholarship. Therefore the Management had instructed them to open Savings Bank Accounts informing that the stipend amount received from the MCI / RGUMS will be credited to their accounts. On that pretext, they obtained signatures on cheque leaves by threatening them that if the complainant and other students of PG Course do not put their signature on blank cheques, their future will be spoiled. On account of the threat given by the management including the Chairman and Directors, the complainant and other students have put their signatures on the blank cheques. Thereafter the Management has misappropriated the stipend / scholarship paid to the students to an extent of around Rupees Twentyfive Crores.

(3.) The counsel for the petitioners strenuously contended that there is inordinate delay of three years in filing the complaint. According to the complaint averments, the Management had taken signatures of the complainant and other students on blank cheques in the year 2015 and thereafter. Now the complaint is filed on 05.10.2018. There is no cogent evidence or records to show that the allegations made in the complaint regarding fraudulent acts and cheating by the Management of the College.