NANJUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner - accused under Section 438 of Cr.P.C. to quash the entire proceedings in Spl. (A) case No.41/2012 (Spl (A) CR.57/2010) pending on the file of the Addl. Sessions Judge & Spl. Judge, Shivamogga.

(2.) The facts leading to this petition are that, based on the complaint dated 11.12.2010 filed by respondent No.2 - R.Pichandi, s/o. Ramaiah, the Jayanagara Police, Shivamogga, has registered a case against the petitioner in Crime No.149/2010 for the offence punishable under Sections 323, 504, 307, 384 of IPC read with Sections 3 & 10 of prevention of Atrocity Act, 1989.

(3.) The allegations are that on 08.12.2010, the petitioner called the respondent No.2 - complainant to come near Shivamurthy Circle and abused him by taking his caste name, then he assaulted and robbed Rs.350/- from the complainant. After thorough investigation, the police submitted 'B' report stating that a false complaint is filed against the petitioner, as the wife of the petitioner had filed a complaint under Section 138 of the Negotiable Instruments Act against respondent No.2 - complainant regarding dishonour of cheque and a criminal case pending on the file of the IV Addl. Civil Judge (Junior Division), Shivamogga.