w w w . L a w y e r S e r v i c e s . i n



M. Sudha & Another v/s The State of Karnataka, Represented by Special Public Prosecutor & Another


Company & Directors' Information:- SUDHA AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1991PTC043396

    Criminal Petition No. 1206 of 2015

    Decided On, 17 July 2018

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE JOHN MICHAEL CUNHA

    For the Petitioners: Nishit Kumar Shetty, Advocate. For the Respondents: R1, Sandesh. J. Chouta, SPP - II, R2, V. Nagamani, K. Nagabhushana Reddy, Advocates.



Judgment Text

(Prayer: This Criminal petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.13057/2013 for the offence punishable under Sections 420, 504 and 506 r/w 120(B) of IPC pending on the file of 24th A.C.M.M., Bengaluru against the petitioners/accused No.3 and 4.)

1. The petitioners have sought to quash the proceedings in C.C.No.13057/2013 pending on the file of the 24th Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under sections 420, 504 and 506 r/w 120(B) of IPC.

2. Heard learned counsel for the petitioners, learned SPP-II and learned counsel for respondent No.2.

3. Respondent No.2 presented a private complaint against accused nos. 1 to 4 alleging that accused nos.1 and 2 being the owners of the immovable properties compromised in Sy.No.5 of Subhedarpalya, Yeshvanthpur, Bengaluru, measuring East to West 25 ft. and North to South 52 ft. agreed to sell the said properties to the complainant(respondent No.2) vide agreement dated 19.2.2011. However, with an intent to cheat the complainant, the said property was alienated by accused nos. 1 and 2 in favour of accused no.3 by virtue of sale deed dated 3.8.2011. Further it is alleged that when the complainant approached the accused to question about this dealing, the accused threatened the complainant.

4. On recording the sworn statement of the complainant, the learned Magistrate issued summons to the petitioners. Contending that the proceedings initiated against the petitioners are malafide and the dispute between the parties is purely civil in nature, petitioners have invoked the jurisdiction of this Court under Section 482 of Cr.P.C. to quash the same. Petitioner are arraigned as accused Nos.3 and 4 respectively.

5. Learned counsel for the petitioners at the outset submitted that respondent no.2 has filed a suit before the Civil Court based on the aforesaid agreement of sale dated 19.2.2011 in O.S.No.26591/2012. In the said suit, an issue was also framed to the effect that accused no.3 was a bonafide purchaser of the properties in question. After trial, the suit has been dismissed by judgment and decree dated 24.02.2018. Respondent no.2 has not preferred any appeal against the said judgment and decree. As a result, the judgment and decree passed by the Civil Court has attained finality. None of the allegations made against the petitioners attract the ingredients of the offence under Sections 420 or 504 of IPC.

6. Learned counsel appearing for respondent no.2 contends that the sworn statement of the complainant coupled with the recitals of the agreement clearly indicate that with intent to cheat the complainant, the properties which were the subject matter of the Agreement of Sale were sold to accused no.3 and therefore there is prima facie case to proceed against the petitioners for the alleged offences.

7. Considered the submissions. Perused the records. It is not in dispute that at the earliest instance, accused nos. 1 and 2 being the absolute owners of the properties in question, entered into an agreement with the complainant to sell the properties to the complainant, as per the Agreement of Sale dated 19.2.2011. In respect of the very same properties a sale deed came to be executed by accused nos.1 and 2 in favour of accused no.3. The complainant has challenged the said Sale Deed before the Civil Court and sought specific performance of the agreement executed in her favour. In the said suit a specific issue was framed as to whether accused no.3 was a bonafide purchaser for value? After recording the evidence of the complainant as well as accused nos. 1 to 4, the trial court has recorded a positive finding holding that accused no.3 was a bonafide purchaser of the suit schedule properties. In the wake of the said finding, the allegations made in the complaint that with an intent to cheat the complainant, the alleged transaction has taken place falls to the ground. As such, the prosecution of the petitioners for the alleged offence under section 420 of IPC cannot be sustained.

8. Insofar as accused no.4 is concerned, there are absolutely no allegations whatsoever attracting either the offence under Section 420 of IPC or Sections 504, 506 and 120(B) of IPC. The only allegation in this regard finds place at para No.8 of the F.I.R. which reads as follows:

8. The complainant further submit that the complainant astonished by the acts of the accused No.1 to 4, herself, her husband and other friends went and asked them why they have cheated her.Then accused No.1 to 4 colluded together and said whatever the complainant wants to do let her do and A1 and A2 is neither ready to pay the amount nor ready to get registered said property to the complainant's name. As already the property has been sold to accused no.3, then the complainant, her husband and other asked the accused knowing fully why they have cheated the complainant. Then the accused No.1 to 4 used most filthy language and said that it is their nature of transaction and also threatened to the complainant not to go to the site and should not ask to return the money. If the complainant will not surrender to the accused they threatened saying that they are going to remove the legs and limbs and still the complainant is not going to surrender to the accused they are saying to do away with the life of the complainant and her husband.

9. As could be seen from the above, allegations made therein are vague and general in nature. The complainant has not even specified the date and place where the alleged incident has taken place. She has given up the said allegations in her sworn statement. As a result there was absolutely no basis for the learned Magistrate to take cognizance of the alleged offences. The learned Magi

Please Login To View The Full Judgment!

strate therefore has misdirected himself in taking cognizance of the alleged offence and issuing summons to the petitioners. The material on record does not indicate that the petitioners have committed any of the offences alleged against them. Therefore, the prosecution initiated against the petitioners being an abuse of the court cannot be sustained. Accordingly the petition is allowed. The proceedings initiated against the petitioners in C.C.No.13057/2013 pending on the file of the 24th Addl. Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under sections 420, 504 and 506 r/w 120(B) of IPC is hereby quashed.
O R







Judgements of Similar Parties

24-04-2020 Sudha Ramalingam Versus The Chief Secretary, Government of Tamil Nadu, Chennai & Others High Court of Judicature at Madras
05-03-2020 United India Insurance Co. Ltd., Chennai Versus B. Sudha & Others High Court of Judicature at Madras
02-03-2020 N. Sudha Rani Versus State of Telangana High Court of for the State of Telangana
24-02-2020 Sudha Gupta & Another Versus A.K. Gupta & Another High Court of Delhi
13-02-2020 M/s. High End Quality Construction (P) Ltd., PWD & CPWD Contractors rep by its Managing Director T. Sudha Versus The Chief Engineer, Public Works Department, Government of Puducherry, Puducherry & Others High Court of Judicature at Madras
30-01-2020 Sudha Gupta Versus Preet Land Promoters & Developers Pvt. Ltd. Punjab State Consumer Disputes Redressal Commission Chandigarh
30-01-2020 V. Sudha Soman Versus Vasudevan Soman High Court of Kerala
24-12-2019 Sudhansu Kumar Sudha & Others Versus Union of India & Others High Court of Judicature at Calcutta
20-12-2019 Sumati & Another Versus Sudha In the High Court of Bombay at Nagpur
13-11-2019 Pramod Versus Sudha Krishna Kand In the High Court of Bombay at Aurangabad
31-10-2019 Sudha Versus Commissioner of Income Tax, Chennai & Another High Court of Judicature at Madras
16-10-2019 Rajiv Vijayasarathy Rathnam Versus Sudha Seetharam High Court of Karnataka
24-09-2019 Sudha Versus The Deputy Superintendent of Police, Tirunelveli & Others Before the Madurai Bench of Madras High Court
27-08-2019 Sudha Versus The State by Inspector of Police, Vishnu Kanchi Police Station, Kancheepuram & Another High Court of Judicature at Madras
04-07-2019 S. Sudha Versus M/s. Rangaswamy Builders Pvt., Ltd., Chennai High Court of Judicature at Madras
19-06-2019 D. Sudha Versus State rep.by: The Inspector of Police Keelaiyur Police Station Nagapattinam District High Court of Judicature at Madras
05-03-2019 M. Sudha Versus State Rep By Inspector of Police High Court of Judicature at Madras
15-02-2019 Prof R K Vijayasarathy & Another Versus Sudha Seetharam & Another Supreme Court of India
12-02-2019 V. Sudha Versus The Collector, Vellore & Another High Court of Judicature at Madras
01-02-2019 Sudha Sudheendra Kallol Versus The Commissioner, The Bangalore Development Authority, Bengaluru & Another High Court of Karnataka
31-01-2019 Sudha Verma Versus Yogesh Kumawat High Court of Rajasthan
21-01-2019 Dr. O.M. Balraj, (Medico-legal), Ernakulam Medical Centre & Others Versus Sudha Ravi & Others Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
15-01-2019 Delhi Development Authority Versus Sudha Gupta Delhi State Consumer Disputes Redressal Commission New Delhi
03-12-2018 In Goods Of : Budhmal Kulthia & Sampat Devi Kulthia Versus Sudha Soni & Another High Court of Judicature at Calcutta
27-11-2018 D. Manikandan Versus Sudha High Court of Judicature at Madras
25-09-2018 Sudha Santhanam Pune Versus Deputy Commissioner Income Tax Appellate Tribunal Pune
13-08-2018 Sudha S. Raju Versus IFFCO Tokio General Insurance Company Limited, New Delhi High Court of Karnataka
27-06-2018 Selvi & Others Versus Sudha Devi & Others Before the Madurai Bench of Madras High Court
27-06-2018 Selvi & Others Versus Sudha Devi & Others Before the Madurai Bench of Madras High Court
01-05-2018 Laxmi Narayan Soni Versus Sudha Gupta & Others High Court of Delhi
16-04-2018 P. Sudha Lakshmi Versus Bank of India, Rep. by its Authorised Officer & Another In the High Court of Judicature at Hyderabad
15-03-2018 Sudha Gupta Versus National Stock Exchange of India Limited Exchange Plaza, C-1, Block G, Bandra Kurla Complex, Bandra (E), Mumbai SEBI Securities Exchange Board of India Securities Appellate Tribunal
26-02-2018 Madhya Pradesh Poorva Kshetra Vidyut Vitran Company Limited Versus Sudha Chaudaha Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
22-02-2018 Sudha Versus Omprakash Kodumal Khemchandani & Others In the High Court of Bombay at Nagpur
30-11-2017 Secretary, Akshaya Sudha Jala Vitharana Samithi Versus N.J. Thomas Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
23-11-2017 Sushila Sahu Versus Sudha Yadav & Others High Court of Madhya Pradesh
04-10-2017 K. Ganesh Kumar Versus N.S. Sudha High Court of Judicature at Madras
04-09-2017 S. Venkatesan & Another Versus V. Sudha & Another High Court of Judicature at Madras
21-08-2017 Sri Sudha Constructions (formerly known as Sri Sudha Telecom Consultants) Rep. by its Managing Partner P.V. Rao Versus I.T.I. Limited, rep. by its Chief Regional Manager & Others High Court of Judicature at Madras
16-08-2017 Sudha & Another Versus The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home, Prohibition & Excise Department, Chennai & Others Before the Madurai Bench of Madras High Court
09-08-2017 The ICICI Lombard Gen. Ins. Co. Ltd., Bellad & Co., Hubli Versus Sudha & Others High Court of Karnataka Circuit Bench At Dharwad
27-06-2017 Sudha Commercial Co. Ltd Versus Milk Food Ltd National Company Law Tribunal Chandigarh
21-06-2017 P. Sudha Madhavi Versus The District Collector/Land Acquisition Officer, Visakhapatnam & Others In the High Court of Judicature at Hyderabad
16-06-2017 Prashant Dattatraya Wazalwar Versus Sudha Baburao Lokhande & Others In the High Court of Bombay at Nagpur
05-06-2017 S. Sudha Versus Balakrishnan Before the Madurai Bench of Madras High Court
18-05-2017 Worldwide Immigration Consultancy Services Ltd. Versus Sudha Babbar National Consumer Disputes Redressal Commission NCDRC
15-05-2017 Harish Chandra Sharma Versus Sudha Sharma High Court of Rajasthan Jodhpur Bench
25-04-2017 M. Sudha Parameswari Versus The Joint Secretary Tamil Nadu Public Service Commission Chennai & Another Before the Madurai Bench of Madras High Court
24-04-2017 Sudha Versus State of Tamil Nadu, Rep. by the Secretary to Government, Chennai & Another High Court of Judicature at Madras
13-04-2017 Sudha Renukaiah & Others Versus State of A.P. Supreme Court of India
07-04-2017 New India Insurance Co. Ltd. Versus Smt Sudha Dubdy High Court of Rajasthan Jaipur Bench
05-04-2017 Sudha Ravi Kumar & Another Versus The Special Commissioner and Commissioner, Chennai & Others High Court of Judicature at Madras
22-03-2017 K. Sudha Devi Versus The District Collector, Thiruvananthapuram & Others High Court of Kerala
07-03-2017 U. Sudha Versus M. Prakash High Court of Karnataka
06-02-2017 National Insurance Co. Ltd. Versus Smt Sudha Goyal & Others High Court of Rajasthan Jaipur Bench
06-02-2017 R. Sudha Versus Shanmugam & Others High Court of Judicature at Madras
18-01-2017 Sudha Rani Versus Aditya Tandon (Minor) High Court of Judicature at Allahabad
02-11-2016 V. Jeevarathinami Versus Sudha & Another Before the Madurai Bench of Madras High Court
07-10-2016 Sudha Gupta Versus Har Prasad Gupta High Court of Delhi
15-09-2016 Santi Sudha Layek Versus South Bengal State Transport Corporation & Others High Court of Judicature at Calcutta
18-08-2016 Sudha Versus The District Collector, Dindigul District & Others Before the Madurai Bench of Madras High Court
03-06-2016 Sudha Versus State of Tamil Nadu, Represented by, Inspector of Police, Tirupur High Court of Judicature at Madras
10-05-2016 Chatar Singh Nayak & Others Versus Sudha Dubey & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
09-05-2016 Shrimati Sudha Girish Pandey Versus Dhanku Yadav High Court of Chhattisgarh
28-04-2016 Sudha K. Velappan Versus The District Collector, Kokkirakulam, Tirunelveli District & Others Before the Madurai Bench of Madras High Court
27-04-2016 Sudha Yeshwant Jadhav & Others Versus Rajendra Laxman Pol High Court of Judicature at Bombay
06-04-2016 Sudha Lakshmi Versus The Secretary to the Government, Chennai & Another High Court of Judicature at Madras
22-03-2016 Sudha Rani & Others Versus Udai Singh & Others High Court of Punjab and Haryana
14-03-2016 Sudha Mahendu Versus Gwalior Development Authority Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
02-03-2016 Ramesh Hans Versus Km. Sudha Hans & Others High Court of Himachal Pradesh
02-03-2016 The Bank of India, SME Branch Versus Sudha Sharma Delhi State Consumer Disputes Redressal Commission New Delhi
15-02-2016 Madayi Syamala & Another Versus Sudha Sundareswaran & Others High Court of Kerala
08-02-2016 Sudha Facility Management Service Versus The Managing Director, Kadamba Transport Corporation Ltd. & Others In the High Court of Bombay at Goa
29-01-2016 Sudha Versus State of Tamil Nadu, rep. by its Secretary to Home Department, Chennai & Others Before the Madurai Bench of Madras High Court
27-01-2016 Bajrang Agrawal Versus Sudha Jain High Court of Chhattisgarh
21-01-2016 State of Orissa Versus Sudha Singh, Superintendent of Police, Jagatsinghpur & Another High Court of Orissa
07-01-2016 M.C. Mohan Rao, Proprietor M/s. Sudha Textiles Versus M/s. United India Insurance Co. Ltd., Adoni Kurnool National Consumer Disputes Redressal Commission NCDRC
24-12-2015 The Bank of East Asia Limited Versus Sudha Natrajan Supreme Court of Singapore
17-12-2015 Sudha Rajesh Halmare & Another Versus The Oriental Insurance Company Ltd. & Others In the High Court of Bombay at Nagpur
27-11-2015 Sudha Rani Versus The Presiding Officer & Others High Court of Punjab and Haryana
06-11-2015 K. Sudha Versus Union of India, Rep. by Secretary, Department of Posts & Telegraph, Ministry of Communications, New Delhi & Others Central Administrative Tribunal Ernakulam Bench
03-11-2015 Sudha Sharma & Another Versus Punjab National Bank & Others High Court of Uttarakhand
10-09-2015 Sudha Alias Sudha Naganna Versus Executive Officer, T. Narasipura Taluk Panchayat, Taluk Panchayat Office, T. Narasipura Taluk, Mysore District & Others High Court of Karnataka
10-09-2015 Sudha Midha Versus Union of India, Through its Secretary, Ministry of Statistics & Programme Implementation, New Delhi & Another Central Administrative Tribunal Principal Bench New Delhi
08-09-2015 Prabhakar Versus Sudha Nandhini High Court of Karnataka
02-09-2015 K. Nagaraj Versus G. Sudha Alias Laxmi High Court of Karnataka
31-08-2015 Vinod Kumar & Others Versus Sudha L & Ventures & Homes Pvt. Ltd. High Court of Judicature at Allahabad
13-08-2015 Basanti Sarkar Versus Sudha Dey & Another High Court of Judicature at Calcutta
20-07-2015 Sudha Versus State of Maharashtra, through its Secretary, Dept. of Home, Mumbai & Another In the High Court of Bombay at Nagpur
06-07-2015 Sudha Versus Meena Inspector of Police, Chidambaram, Cuddalore District High Court of Judicature at Madras
29-04-2015 A. Sudha & Others Versus The State of Tamil Nadu, rep. by its Principal Secretary to Government, Higher Education Department, Chennai & Others High Court of Judicature at Madras
21-04-2015 Sunita Parulekar @ Neeta Parulekar & Another Versus Sudha Parulekar & Another High Court of Judicature at Bombay
30-03-2015 Ruchi Gupta Versus Sudha Rani & Others High Court of Judicature at Allahabad
23-03-2015 A. Sudha Versus The Tahsildar, Arani Taluk Office, Thiruvannamalai High Court of Judicature at Madras
24-02-2015 Vijayalakshmi & Others Versus S. Sudha & Another Before the Madurai Bench of Madras High Court
16-02-2015 Sudha @ S. Brinda & Others Versus M. Sankaran & Another High Court of Judicature at Madras
11-02-2015 S. Sudha Versus V. Magesh Kumar Before the Madurai Bench of Madras High Court
27-01-2015 The President, Mangalodayam Handloom Weavers' Co-Operative Society, Thiruvananthapuram Versus R. Sudha & Others High Court of Kerala
15-01-2015 Sudha Hari Pophale & Others Versus The Oriental Insurance Company Ltd. & Others High Court of Judicature at Bombay
07-01-2015 Arif Patel, sole proprietor of M/s Axis Realty Versus Sudha Krishna Salian (Pujari) & Others High Court of Judicature at Bombay


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box